IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23326 of 2009(I) ---------------------------------------- PETITIONER(S): ------------------------- M.M.VARKEY, ASSISTANT ENGINEER, LSGD, MANAMBOOR GRAMA PANCHAYATH, KAVALAYOOR, VARKALA, THIRUVANANTHAPURAM. BY ADV. MR.K.K.RAJEEV RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REP.BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23326 OF 2009 -------------------------- Dated this the 20th day of August, 2009 J U D G M E N T Heard Sri. K.K.Rajeev, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner joined service in the Irrigation Department as First Grade Overseer on 8.12.1993. At the time of entry in service he possessed only a Diploma in Engineering. After entry in service, he acquired B.Tech degree in Civil Engineering awarded by the University of Kerala in June 1996. He was thereafter promoted to the cadre of Assistant Engineer on 27.11.2001. When the engineering cadre for the Local Self Government Department was formed, the petitioner opted to go over to the Local Self Government Department. He was accordingly deployed to serve in the Manamboor Grama Panchayat. Thereafter by Ext.P1 letter dated 29.9.2008, the petitioner requested the Chief Engineer to include his name in the seniority list of graduate Assistant Engineers. He also executed a declaration to the effect that he will not opt to go back to W.P.(C) No. 23326/09 2 the seniority list of diploma holders. The Chief Engineer accepted the said request and issued Ext.P2 order dated 15.10.2008. However within three months thereafter, the Chief Engineer cancelled Ext.P2 by Ext.P3 order dated 27.1.2009. The petitioner thereupon moved the Government by submitting Exts.P4 and P5 representations. In this writ petition, the petitioner challenges Ext.P3 and seeks a writ in the nature of mandamus commanding respondents to include him in the seniority list of graduate Assistant Engineers. 3. Ext.P3, by which Ext.P2 order was cancelled only states that petitioner's request cannot be presently entertained and that after the views of the Government are ascertained, the petitioner's request can be reconsidered. According to the Chief Engineer, the petitioner's request could have been granted only in consultation with the Government and with the Government's concurrence. Since the petitioner has moved Exts.P4 and P5 representations in that regard, I dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Exts.P4 and P5 representations in the light of the special rules and pass orders W.P.(C) No. 23326/09 3 thereon expeditiously and in any event within six months from the date on which the petitioner produces a certified copy of the judgment along with a copy of this writ petition before the Secretary to Government, Local Self Government Department. The Government shall also afford the petitioner a reasonable opportunity of being heard. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE vps