IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 2965 of 2011(U) ------------------------- PETITIONER(S): --------------- V.K.MANOJ,S/O.KRISHNAN,HEALTH INSPECTOR GRADE-II,PRIMARY HEALTH CENTRE,THALIKULAM, THRISSUR. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 2965 of 2011 ================== Dated this the 31st day of January, 2011 J U D G M E N T The petitioner is working as Health inspector Grade II in the Health Department of the Government of Kerala. He originally joined service as Junior Inspector Grade II in 1990 on provisional basis. His services were later regularised. The petitioner was later promoted as Junior Health Inspector Grade I and subsequently, as Health Inspector Grade II. According to the petitioner, by Ext.P3 order in W.P.(C). No. 31303/2005, the petitioner was directed to be promoted as Health Inspector Grade II with effect from 24.5.2005. However, contrary to the said decision, by Ext.P4 order, the petitioner has been promoted only with effect from 21.4.2008, which is against Ext.P3 interim order passed by this Court. The petitioner, therefore, seeks the following reliefs; “i) call for the entire records relating to the above case; ii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to pass appropriate orders, giving retrospective effect to petitioner's promotion to the post of Health Inspector Grade II, with effect from 24/5/05 as directed in Ext.P3 interim order. iii) issue a writ of mandamus or any other appropriate writ, direction or order, commanding the respondents to give all benefits, including salary arrears to the petitioner consequent on promotion, to the post of Health Inspector Grade – II w.e.f. 24/5/05 immediately within a specified period as directed by this Hon'ble court.” 2. Admittedly, the writ petition, in which, Ext.P3 order was 2 passed, has subsequently been dismissed as infructuous. That being so, that interim order also loses relevance. As such, the petitioner cannot now rely on Ext.P3 order for retrospectivity of his promotion. The entire case of the petitioner is built on Ext.P3 interim order, which is no longer in force. Therefore, if the petitioner has still any grievance regarding the date of his promotion, it is upto him to approach the respondents appropriately. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge