IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22066 of 2010(G) -------------------------- PETITIONER(S): ----------------------- V.K.RAJU, AGED 51 YEARS, SON OF KRISHNANKUTTY, DEPUTY DIRECTOR OF AGRICULTURE, PRINCIPAL AGRICULTURE OFFICE, IDUKKI. BY ADV. SRI.A.V.THOMAS SMT.M.M.JASMIN SRI.NIDHI SAM JOHNS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, AGRICULTURAL DIRECTORATE,THIRUVANANTHAPURAM. 3. K.R.VIJAYAKUMAR, ASSISTANT DIRECTOR OF AGRICULTURE, ETTUMANOOR KOTTAYAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 22066 OF 2010 (G) ===================== Dated this the 15th day of July, 2010 J U D G M E N T Petitioner, a Deputy Director of Agriculture submits that by Ext.P2, he was promoted as Joint Director of Agriculture and was posted at Wynad. It is stated that as he did not want to avail of the benefit of Ext.P2, he applied for relinquishment of the promotion. It is stated that on the application so made by him, Ext.P6 order was passed by the 2nd respondent requesting the petitioner to submit a relinquishment statement. 2. While this process was under way, according to the petitioner, on the assumption that the post of Deputy Director of Agriculture, Idukki now held by the petitioner is a vacant one, Ext.P7 order was passed by the 1st respondent promoting the 3rd respondent and posting him. It is stated that the petitioner also came to know that the vacancy at Wynad, to which he was posted, also has been filled up by posting some other officer. 3. As according to the petitioner, Ext.P7 was issued on an erroneous basis that the post now held by him is a vacant one, he submitted Ext.P8 representation to the 2nd respondent requesting WPC No. 22066/10 :2 : for correction and it is thereafter that this writ petition was filed. 4. If as stated by the petitioner, Ext.P7 has been issued on the erroneous assumption that the post held by him is vacant, necessarily that mistake needs to be corrected. This is all the more so as according to the petitioner, the post of Joint Director at Wynad to which he was posted by Ext.P2 also has been filled up in the meanwhile. Therefore, the 2nd respondent is directed to pass orders on Ext.P8 within ten days of production of a copy of this judgment. It is directed that in the meanwhile, status quo as on date in so far as the petitioner shall be continued. 5. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent on or before 17/7/2010 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp