IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 9475 of 2008(C) ------------------------- PETITIONER(S): --------------- KORATH MATHEW, AGED 72 YEARS, S/O.MATHEW, PAYYANIKKAL HOUSE, PIRAMADOM P.O., MUVATTUPUZHA (VIA). BY ADVS. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 9475/2008 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of judgment dated 13.11.1990 in O.P. No. 11422/85. Ext.P2: True copy of judgment dated 6.4.1995 in Writ Appeal No.182/1991. Ext.P3: True copy of communication No. 66805/C3/97/RD dated 11.12.1997 issued by the Secretary. Ext.P4: True copy of judgment in O.P. No.5414/1998. Ext.P5: True copy of order No. 5155/C3/06/RD dated 25.1.2007 issued by the 2nd respondent. Ext.P5(a): True copy of Government Order G.O.(Rt)No. 779/07/RD dated 19.2.2007. Ext.P6: True copy of proceedings No. LR(T2) 4721/06 dated 9.4.2007 of the 3rd respondent. Ext.P7: True copy of judgment dated 2.9.1997 in O.P. No. 3468/1996. Ext.P8: True copy of order No.88259/C3/07/RD dated 23.1.2008 of 2nd respondent issued to the petitioner. Ext.P9: True copy of representation dated 20.6.2009 RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 9475 OF 2008 -------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The petitioner retired from the Revenue Department on 30.7.1990, while working as Deputy Tahsildar. The case of the petitioner is that his juniors were promoted to the post of Tahsildar and then to the post of Deputy Collector and that he was overlooked in the matter of such promotions. This Writ Petition is filed for a direction to the respondents to give promotion to the petitioner as Tahsildar with effect from 9.7.1988 and then as Deputy Collector with effect from the date on which his immediate junior was promoted to the said post. 2. The petitioner has produced Ext.P9 dated 20.6.2009, along with I.A. No.15967 of 2009, which is a representation submitted by him before the third respondent. It is submitted that the said representation is now pending consideration and that the third respondent is not considering the same on account of the pendency of this Writ Petition. The limited prayer of the petitioner is for a direction to the third respondent to consider W.P.(C) NO. 9475/2008 2 Ext.P9 representation within a specified time. Without making any observation as to the merits of the contentions of the petitioner, this Writ Petition is disposed of with a direction to the third respondent to consider and pass orders on Ext.P9 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. The petitioner also seeks an opportunity of being heard. Since, the respondents have to consider whether any juniors of the petitioner were given promotion overlooking the seniority of the petitioner, it is only appropriate that the petitioner be given an opportunity of being heard. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 9475/2008 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 9475/2008 JUDGMENT 11th March, 2010