IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 28020 of 2009(V) -------------------------- PETITIONER(S): --------------- M.E.ABDUSALAM, IIND GRADE DRAFTSMAN, PWD BUILDING SUB DIVISION, CHERTHALA. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, PWD, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, PWD(GENERAL AND ADMINISTRATION)TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDING SUB DIVISION, CHERTHALA. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.28020 OF 2009 (V) -------------------------------------------------- Dated this the 23rd day of October, 2009 J U D G M E N T Petitioner is presently working as 2nd Grade Draftsman, PWD Buildings Sub Division, Cherthala. Initially, he entered service as Works Superintendent in the PHED on 18.1.1982 and continued as such till 1.12.1986. Thereafter he commenced his service as IIIrd Grade Overseer in PWD. While giving him the benefit of first time bound higher grade, credit was not given to his prior service in PHED and that is his grievance in this writ petition. He also seeks a direction for restoring his seniority, giving credit to his prior service in PHED. 2. In so far as the prayer for considering the prior service in PHED, it is seen from Ext.P7 proceedings of Chief Engineer, PWD, Administration, Thiruvananthpauram dated 16.7.2009 that provisional service from 18.1.1982 to 1.12.1986 has been agreed to be counted for sanctioning time bound higher grade. Therefore, that grievance has been accepted in Ext.P4. The respondent shall take further action in implementing the same and extend the consequential benefits. WPC.No.28020 /09 :2 : 3. In so far as the petitioner's further prayer that his seniority should be restored, giving credit to the aforesaid spell of service also, I am not inclined to grant such a direction as persons who are likely to be affected are not impleaded in this writ petition. Even otherwise this is a belated claim, which is also supported by any rule. Writ petition is disposed of a above. (ANTONY DOMINIC) JUDGE vi/