IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26282 of 2008(D) ----------------------------------- PETITIONER: ------------------- U.FASSALUDEEN, DEPUTY TAHSILDAR, REVENUE RECOVERY, KOLLAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM. BY GOVERNMENT PLEADR SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------ WP(C). No. 26282 of 2008 ------------------------------ Dated this the 1st day of September, 2008 JUDGMENT The petitioner is presently working as Deputy Tahsildar. He has filed this Writ Petition, aggrieved by the delay in promoting him at least temporarily as Tahsildar. The petitioner's grievance is that going by the seniority list published as per proceedings dated 19/05/2008, which was directed to be implemented by the Government in Exhibit P2 Govt. Order dated 08/08/2008, he is eligible to be promoted at least temporarily as Tahsildar since persons ranked below him in the seniority list published as per proceedings dated 19/05/2008 have been promoted temporarily under Rule 31(a)(i) of Part II of the KS&SSR by Exhibit P3 order dated 12/08/2008. The petitioner also has a grievance that besides the persons promoted by Exhibit P3 order dated 12/08/2008, five of his admitted juniors have also been promoted as Tahsildars on a temporary basis. The petitioner submits that he has in Exhibits P1 and P4 representations requested the Land Revenue Commissioner to consider his case also for promotion as WP(C). No. 26282 / 2008 Page numbers Tahsildar under Rule 31(a)(i) of Part II of the KS&SSR. 2. I have heard Sri. K. Jaju Babu, the learned counsel appearing for the petitioner and Smt. T.B. Remani, the learned Government Pleader appearing for the respondents. In the instant case, the claim for promotion though on a temporary basis, is based on the direction issued by the State Government in Exhibit P2. The petitioner has in Exhibit P4, pointed out that in the seniority list referred to in Exhibit P2, his rank is 3562 and that Deputy Tahsildars who are junior to him, have been promoted as Tahsildars, though on a temporary basis. 3. After hearing learned counsel for the petitioner and the Government Pleader, I am of the opinion that at least in the first instance, the Land Revenue Commissioner should consider the grievance voiced by the petitioner in Exhibits P1 and P4 and take a decision in the matter. I therefore dispose of this Writ Petition with a direction to the second respondent to consider the request made by the petitioner in the Exhibits P1 and P4 and take a decision in the matter having regard to his seniority position/rank in the revised seniority list WP(C). No. 26282 / 2008 Page numbers of Deputy Tahsildar/Junior Superintendents referred to in Exhibit P2. Orders in that regard shall be passed within one month from the date on which the petitioner produces a copy of this judgment along with a copy of this Writ Petition before the second respondent. P.N. RAVINDRAN, JUDGE scm