IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 35840 of 2004(N) -------------------------------------- PETITIONER(S): ---------------------- 1. SANJAI D., SENIOR TECHNICAL ASSISTANT, RAJIV GANDHI CENTRE FOR BIO-TECHNOLOGY, TRIVANDRUM. 2. MANOJ P., SENIOR TECHNICAL ASSISTANT, RAJIV GANDHI CENTRE FOR BIO-TECHNOLOGY, TRIVADNRUM. BY ADV. SRI.P.N.SANTHOSH SRI.R.K.AJIT RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, TRIVADNRUM. 2. KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM, TRIVANDRUM, REP. BY ITS MEMBER SECRETARY. 3. THE DIRECTOR, RAJIV GANDHI CENTER FOR BIO-TECHNOLOGY, JAGATHY, THYCADU P.O., TRIVANDRUM. 4. RAJIV GANDHI CENTER FOR BIO-TECHNOLOGY, JAGATHY, THYCADU P.O., TRIVANDRUM, REP. BY ITS CONTROLLER. 5. SMT. S.AMBILI, TECHNICALA OFFICER GRADE-I, TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, PALODE, PACHA P.O., TRIVANDRUM. W.P.(C). NO. 35840/2004-N 6. SMT.D.BEENA, TECHNICAL OFFICER GRADE-I, TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, PALODE, PACHA P.O., TRIVANDRUM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1 ADV. SRI.B.SURESH KUMAR FOR R5 SMT.C.G.PREETHA FOR R5 SRI.A.M.SHAFFIQUE (SR.) FOR R2 SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.G.P.SHINOD FOR R6 SRI.RAM MOHAN.G. FOR R6 SRI.MANU V. FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 35840/2004-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER BEARING NO.1001/SD/RGC/B/97 DATED 24/09/1997 ISSUED BY THE FOURTH RESPONDENT TO THE FIRST PETITIONER. EXT.P2: COPY OF THE ORDER NO.20/2002/2004 DATED 16/03/2004 ISSUED BY THE FOURTH RESPONDENT PROMOTING THE PETITIONERS. EXT.P3: COPY OF THE REPRESENTATION MADE TO THE SECOND RESPONDENT DATED 14/08/2003 BY THE SECOND PETITIONER AND OTHER SIMILARLY PLACED EMPLOYEES. EXT.P4: COPY OF THE EXTRACT OF THE TABLE 5, UNDER RULE 9 AS REPRODUCED IN PAGE 87 OF THE SERVICE RULES OF THE COUNCIL. EXT.P5: COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT HAVING NO.COUNCIL (M) ORDER NO.86/04-KSCSTE DATED 04/12/2004. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE ORDER DATED 01/02/1993 ISSUED TO THE 5TH RESPONDENT BY THE TBGRI. EXT.R5(b): COPY OF THE ORDER DATED 06/10/1994 ISSUED TO THE 5TH RESPONDENT BY THE TBGRI. EXT.R5(c): COPY OF THE ORDER DATED 22/07/1997 ISSUED BY THE TBGRI. EXT.R5(d): COPY OF THE ORDER DATED 17/03/2001 ISSUED BY THE TBGRI. EXT.R5(e): COPY OF THE ORDER DATED 19/03/2001 ISSUED TO THE 5TH RESPONDENT BY THE TBGRI. EXT.R5(f): COPY OF THE ORDER DATED 22/03/2001 ISSUED BY THE TBGRI. EXT.R5(g): COPY OF THE ORDER DATED 03/10/2001 ISSUED BY THE TBGRI. EXT.R5(h): COPY OF THE NO OBJECTION CERTIFICATE DATED 23/08/2001 ISSUED BY THE TBGRI. //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.35840 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The challenge is on Ext.P5 order dated 4-12-2004. Learned counsel appearing for the party respondents submit that the impugned order was never implemented by the second respondent. Therefore, in case the petitioners have still any grievance left they may approach the second respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.35840 of 2004 ----------------------------------- JUDGMENT 10th November, 2008