IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 16609 of 2008(B) --------------------------------------- PETITIONER(S): ---------------------- E. NIZAMUDEEN, SENIOR INSPECTOR, OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM, RESIDING AT 48/600, GOVT. QUARTERS, MELARANNOOR, KARAMANA P.O. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT (A), KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHIRAKKULAM, THIRUVANANTHAPURAM. R1 TO R4 BY SR.GOVERNMENT PLEADER MR.MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16609/2008-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT PROMOTING THE PETITIONER ON 31/01/1996. EXT.P2: COPY OF THE FINAL SENIORITY LIST OF U.D.C. IN THE CO-OPERATIVE DEPARTMENT. EXT.P3: COPY OF THE ROCEEDINGS DATED 14/01/2005. EXT.P4: COPY OF THE PROVISIONAL SENIORITY LIST OF JUNIOR INSPECTORS OF CO- OPERATIVE SOCIETIES FOR THE PERIOD FROM 01/01/1994 TO 31/08/1996 PUBLISHED IN THE GAZETTE DATED 28/02/2006. EXT.P5: COPY OF THE LETTER DATED 11/05/2006 SEND BY FIRST RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE REQUEST DATED 02/03/2007 MADE BY THE H. ANSARI TO THE PUBLIC INFORMATION OFFICER. EXT.P7: COPY OF THE REPLY RECEIVED BY THE H. ANSARI TO EXT.P6. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)Nos. 16609 of 2008 ---------------------------- Dated 20th January, 2010 JUDGMENT The main relief sought in this writ petition is to direct the second respondent to give retrospective promotion to the petitioner as Junior Inspector, in implementation of the direction issued by the Government in Ext.P5 letter dated 11.5.2006, with effect from the date on which his juniors in the category of Upper Division Clerk were promoted to the said category. The petitioner has also prayed for a direction to the second respondent to promote him and to revise his seniority in the category of Junior Inspector and Senior Inspector by assigning him proper rank and seniority. 2. I had by order passed on 14.8.2009 directed the Registrar of Co-operative Societies to issue orders promoting the petitioner to the category of Junior Inspector/Auditor with effect from the date on which his juniors were promoted as Junior Inspector/Auditor. It is brought to my notice that the said direction has been complied with and that the petitioner has been promoted with effect from an earlier date to the category of Junior Inspector/Auditor, though monetary benefits have not been WP(C).No.16609/2008 2 sanctioned or disbursed in full. It is also brought to my notice that a learned Single Judge of this Court has in W.P.(C)No.37978 of 2007 directed the Registrar of Co-operative Societies to implement a similar direction issued by the Government wherein the petitioner's immediate senior Sri.K.R.Ashok Kumar was also found entitled by the Government to the same benefits. In the light of the direction of this Court in W.P.(C) No.37978 of 2007, I dispose of this writ petition with the direction that the rights of the parties shall stand governed by the interim order passed on 14.8.2009. If the petitioner has any subsisting or further grievance as regards payment of monetary benefits consequent upon the implementation of the direction issued by the Government in Ext.P5 letter or any other claim, he may agitate the same in other appropriate proceedings. P.N.RAVINDRAN Judge TKS WP(C).No.16609/2008 3 P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.16609 of 2008 --------------------------------------------- Dated 14th August, 2009 ORDER Heard the learned counsel appearing on both sides. 2. On going through the pleadings and after hearing the submissions made at the Bar to me it appears that the petitioner's grievance will be substantially redressed if the direction issued by the Government in Ext.P5 is implemented. By Ext.P5 the Government held that the petitioner is entitled to be promoted notionally to the category of Junior Inspector/Auditor with effect from the date on which his juniors in the category of Upper Division Clerk were promoted to the said category. The respondents have not till date filed a counter affidavit disputing the petitioner's claim based on Ext.P5. The respondents have also no case that Ext.P5 has been withdrawn or modified. In such circumstances, there will be an interim order directing the Registrar of Co-operative Societies to issue orders promoting the petitioner to the category of Junior Inspector/Auditor with effect from the date on which his juniors in the category of Upper Division Clerk were promoted to the said category. Orders in that WP(C).No.16609/2008 4 regard shall be issued, within six weeks from the date on which the petitioner produces a copy of this order before the Registrar of Co-operative Societies. Hand over to both sides on usual terms. P.N.RAVINDRAN Judge TKS