IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18819 of 2010(B) ---------------------------------- PETITIONER(S): ----------------------- STATE CO-OPERATIVE UNION ,KERALA SAMATHANA SAHAKARANA BHAVAN, OOTTUKUZHY, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): 1 ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENTE, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA,THIRUVANATHAPURAM. BY SR.GOVT. PLEADER SRI. K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J ........................................... WP(C).NO.18819 OF 2010 ............................................ DATED THIS THE 30TH DAY OF JUNE, 2010 JUDGMENT The petitioner has filed this writ petition challenging the retrospective effect that has been given to a resolution passed by the petitioner permitting promotion of its employees. The service conditions of the employees of the petitioner are governed by Ext.P1 staff regulations which prescribes Graduation with HDC as the qualification for promotion to the posts of Head Clerks and above. The feeder category is that of the U.D.Clerks for which the qualification prescribed is Graduation with JDC. There was a demand that Clerks having only JDC and Graduation should be granted promotion to the post of Head Clerk without insisting on the qualification of HDC. The second respondent issued Ext.P2 order directing the grant of promotions to such employees. Ext.P4 order was also issued amending Ext.P1 staff regulations including JDC as an alternative qualification for promotion to the post of Head Clerk. Pursuant to Ext.P2 order, many U.D.Clerks were promoted as Head Clerks. However, the Wpc 18819/2010 2 promotions were made with effect from the dates of promotion of their juniors who had been promoted by the virtue of their superior qualifications, earlier. This resulted in loss of seniority to some of the employees who were possessing the qualification of HDC. Therefore, they challenged Exts.P2 and P4 proceedings before this court and by Ext.P5 judgment, the said proceedings to the extent it gave retrospective effect to the promotions, was quashed. 2. According to the petitioner, as per Exts.P6 and P7 letters, which are alleged to have been sent from the office of the petitioner, retrospective effect has been given to the amendment that was proposed. As per Ext.P8, retrospective effect has been given to the amendments on the basis of Exts.P6 and P7. On coming to know of the above anomaly, the petitioner has submitted Ext.P9 representation before the second respondent, complaining that Exts.P6 and P7 were not issued with their knowledge. On receipt of Ext.P9, the 2nd respondent has to forward it to the first respondent for consideration and disposal in accordance with law. The petitioner complains that no action has been taken on Ext.P9 so far. Therefore, the petitioner seeks Wpc 18819/2010 3 the issue of appropriate directions for an early action on the same. 3. The learned Senior Government Pleader, on instructions, submits that Ext.P9 has been received and that some communication has already been sent to the petitioner on the said representation. Therefore, he submits that the same would be considered and disposed of expeditiously if it has not already been finally disposed of. 4. In the above circumstances, this writ petition is disposed of directing the second respondent to forward Ext.P9 to the first respondent, after getting any reply or clarification that might have been sought by the second respondent thereon, and further directing the first respondent to consider the said representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk