IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 11762 of 2009(M) -------------------------------- PETITIONER: -------------- T.K.PRASANNAN, S/O.KESAVAN, AGED 54 YEARS, THAIPARAMBIL HOUSE, UDAYAMPEROOR, NADAKKAVU P.O., ERNAKULAM. (LAB ASST.S.N.COLLEGE, ALATHUR, PALAKKAD). BY MR.SHOBY K.FRANCIS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY PRINCIPLE SECRETARY TO GOVT., GENERAL EDUCATION DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. 4. PRINCIPAL (IN CHARGE), S.N.COLLEGE, ALATHUR, PALAKKAD DISTRICT. BY MS. T.B. REMANY, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11762/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DTD. 10.2.09. EXT. P2 : COPY OF THE REPLY-CUM-REPRESENTATION DTD. 10.2.09 SUBMITTED TO the 4TH RESPONDENT. EXT. P3 : COPY OF THE REPLY-CUM-REPRESENTATION DTD. 16.02.09 SUBMITTED TO THE 4TH RESPONDENT. EXT. P4 : COPY OF THE REQUEST DTD. 12.3.09 SENT TO THE 3RD RESPONDENT WITH COPIES TO RESPONDENT 1 & 2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11762 OF 2009 --------------------------------------- Dated this the 23rd day of May, 2009. J U D G M E N T The petitioner herein is working as Lab Assistant under the 4th respondent. He entered service as early as on 17.01.1992. The initial appointment was as a Sweeper in the last grade servant category. This appointment was approved by the 2nd respondent in the year 1993. 2. The petitioner was having qualification of pass in 7th standard and he was promoted as Lab Assistant on 05.02.1997. The petitioner appeared for the Department Test on 05.10.2002 and the result of the same was published on 17.01.2003. 3. The main grievances raised by the petitioner are that the petitioner has not been given the due higher grade benefits and the benefits of pay revision of the year 2005. There was delay on the part of the 4th respondent in forwarding the recommendation. But, ultimately, it was forwarded on W.P.(C) No.11762/09 2 15.11.2007. The 3rd respondent rejected the same on 31.03.2008 in the light of certain defects. Again the 4th respondent resubmitted the request, which was rejected on 03.05.2008. This necessitated a resubmission of the same by the 4th respondent on 20.05.2008. It was also rejected saying that the petitioner is ineligible to get the scale fixed by the 4th respondent. Presently, the proposal which was resubmitted on 10.10.2008 has also been returned by the 3rd respondent on 04.02.2009 stating the very same reason. Thereafter, the petitioner has submitted Exhibit P2 representation before the 4th respondent. It is a proposal for grade fixation. The petitioner is due to retire from service on 31.01.2010. 4. The petitioner thereafter followed the above representation by filing Exhibit P3 which prompted the 4th respondent to forward a fresh proposal for grade fixation to the 3rd respondent, which is pending consideration before the 3rd respondent. The apprehension raised by the petitioner is that since he is due to retire from service on 31.01.2010 unless orders are passed, there will be delay in fixing pensionary benefits. W.P.(C) No.11762/09 3 Therefore, there will be a direction to the 3rd respondent to consider and pass orders on Exhibit P4 and take appropriate action to redress the grievance raised by the petitioner herein in regard to fixation of grade and other benefits. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp