IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19189 of 2011(W) ---------------------------------------- PETITIONER(S): ----------------------- 1. P. BABU, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR. 2. M.K. RAMESH, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR. 3. FRANCIS K.JOSE, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR. 4. O.N. SATHEESAN, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR. 5. N.S. SEBASTIAN, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR. BY ADV. SMT.K.P.GEETHA MANI, SMT.ASWATHI APPUKUTTAN. RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, OPPOSITE MUSEUM, PUBLIC OFFICE. P.O, THIRUVANANTHAPURAM, PIN-695 033. 2. THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR, PIN-680 001. R1 BY GOVT. PLEADER MR.L.G. SURESH BABU. R2 BY ADV. SRI.K.P.VIJAYAN, SRI.V.M.SYAM KUMAR, SMT.KRIPA ELIZABETH MATHEWS, SRI.V.N.HARIDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19189 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 23/12/2009 IN WP(C) NO. 37356 OF 2009 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 31/03/2010 PROMOTING THE PETITIONERS TO THE POST OF OVERSEERS. EXT.P3: COPY OF THE ORDER DATED 05/04/2010 ISSUED BY THE 2ND RESPONDENT IMPLEMENTING EXHIBIT P-2 ORDER. EXT.P4: COPY OF THE PROCEEDING DATED 31/01/2011 ISSUED BY THE FIRST RESPONDENT ALONG WITH THE SENIORITY LIST OF OVERSEERS. EXT.P5: COPY OF THE REPRESENTATION DATED 10/12/2010 SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONERS. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 19189 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2011 J U D G M E N T The petitioners were recruited through the Kerala Public Service Commission as Electricity Workers and they were posted in the Electricity Department of Thrissur Corporation. Subsequently, they were promoted to the post of Line Assistant Grade II and then as Line Assistant Grade I and finally as Overseers. They are now continuing in service as Overseers. At the time of their entry in service itself they were possessing ITI qualification. This writ petition has been filed mainly seeking issuance of writ of mandamus commanding the first respondent to consider Ext.P5 representation and to pass appropriate orders thereon after affording them with an opportunity of being heard. The contentions of the petitioners is that they were found eligible for promotion respectively from 5.1.1995, 30.4.1995, 21.1.1996, 1.4.1998 and 16.1.2003. Though such notional promotions were granted to them no steps were taken to effect the consequential re-fixation of pay, it is submitted. To WPC.No.19189/2011 : 2 : alleviate the said grievance the petitioners have already submitted Ext.P5 before the first respondent. It is the inaction on the part of the respondent to consider Ext.P5 that made the petitioners to file this writ petition. Obviously, Ext.P5 is pending before the first respondent. In Ext.P5 the petitioners have raised their contentions as well as grievances. The first respondent is competent to look into their grievances raised as per Ext.P5 and to pass orders thereon. In view of the said position obtained in this case, without making any observation as to the merits of their contentions, this writ petition is disposed of with a direction to the first respondent to consider Ext.P5 after taking into account Ext.P4 and pass appropriate orders, expeditiously, at any rate, within a period of two months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge