IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 26302 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------- NARAYANANKUTTY.T, AGED 58 YEARS, S/O.SANKARAN NAIR(LATE),RETIRED UPPER DIVISION CLERK, P.W.D.N.H.SUB DIVISION, PERINTHALMANNA, NOW RESIDING AT THOTTASSERY HOUSE, MANHAKKAD, RING ROAD, SHORNUR-679 121. BY ADVS. SRI.P.T.DINESH, SRI.C.N.SAMEER. RESPONDENT(S): ---------------------------- THE CHIEF ENGINEER,P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26302/2010 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PART OF THE ORDER NO.EDI-35666/2003 DTD.8/04/2005 BY THE RERSPONDENT. P2: COPY OF THE RELEVANT PART OF THE ORDER NO.EDI-35666/03 DTD.25/02/2008 BY THE RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 26/04/2010 SUBMITTED BY THE PETITIONER TO THE RESPONDENT WITH COPIES TO THE PRINCIPAL SECRETARY TO P.W.D. AND THE PRINCIPAL SECRETARY TO FINANCE. P4: COPY OF THE ACKNOWLEDGMENT CARD SHOWS THE RECEIPT OF EXT.P3 BY THE RESPONDENT ON 29/04/2010. P4(A): COPY OF THE ACKNOWLEDGMENT CARD SHOWS THE RECEIPT OF EXT.P3 BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, P.W.D. DEPARTMENT. P4(B): COPY OF THE ACKNOWLEDGMENT CARD SHOWS THE RECEIPT OF EXT.P3 BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT. P5: COPY OF THE DISCHARGE SUMMARY OF PETITIONER FROM AL-SHIFA HOSPITAL, PERINTHALMANNA. P5(A): COPY OF THE REPORT OF THE USG ABDOMEN TEST CONDUCTED ON 23/12/2009 TO THE PETITIONER AT E.M.S.MEMORIAL CO-OPERATIVE HOSPITAL AND RESEARCH CENTRE, PERINTHALMANNA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.26302 OF 2010 -------------------------------------------- Dated this the 7th day of September, 2011 JUDGMENT The petitioner retired from the service of the Public Works Department as U.D.Clerk on 31.8.2007. This Writ Petition has been filed seeking a declaration that denial and the inordinate delay on the part of the respondent to provide eligible promotion to the petitioner at the appropriate time as illegal, arbitrary and unconstitutional. The further prayer is for issuance of a writ of mandamus commanding the respondent to consider and pass orders on Ext.P3 representation. The specific contention of the petitioner is that subsequent to his retirement, juniors in the cadre of U.D Clerks were given retrospectivity to their promotion to the cadre of U.D.Clerk. It is in the said circumstances that the petitioner submitted Ext.P3 representation for giving retrospectivity to his promotion to the post of U.D.Clerk as has been granted to his juniors and for a consequential refixation of his pensionery benefits. Ext.P3 carrying such prayers is pending before the respondent. In the said circumstances, without making any observation as to the entitlement of the petitioner to the aforesaid claim, this Writ Petition is disposed of with a direction to the W.P.(C) NO.26302 of 2010 2 respondent to consider and pass appropriate orders on Ext.P3, in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.26302 of 2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010