IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 25349 of 2010(P) -------------------------- PETITIONER(S): --------------- ABHANAND.A.D, SURVEYOR GRADE-11, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY(TRIDA), NOW ON DEPUTATION AS DRAFTSMAN GRADE-11,(HIGHER GRADE),GREATER COCHIN DEVELOPMENT AUTHORITY,KOCHI- 20. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPAPRTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001. 2. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY UREPRESENTED BY ITS SECRETARY,JAYA MANSION, VAZHUTHACAUD,SASTHAMANGALAM PO, THIRUVANANTHAPURAM PIN 695 010. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 25349/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.1.1.2001. P2. COPY OF THE PETITION DTD.16.8.01. P3. COPY OF THE PETITION DTD.15.11.2001. P4. COPY OF THE PETITION DTD.15.6.2005. P5. COPY OF THE GOVT. LETTER DTD.23.1.2007. P6. COPY OF THE LETTER DTD.11.4.07. P7. COPY OF THE PETITION DTD.29.3.2010. P8. COPY OF THE COMMUNICATION FROM TRIDA DTD.1.7.2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.25349 of 2010 ================== Dated this the 10th day of November, 2010 J U D G M E N T The petitioner is a Surveyor Grade II in the Thiruvananthapuram Development Authority (TRIDA). She is presently working on deputation as Draftsman Grade II (Higher Grade) in the Greater Cochin Development Authority. Her immediate senior was promoted by Ext.P1 order as Overseer/Draftsman Grade I. She left the service of the TRIDA. Therefore, the petitioner claims promotion to the said post of Overseer/Draftsman Grade I. The same was rejected by Exts.P5 and P6, inter alia, on the ground that the petitioner is on deputation and, therefore, the petitioner cannot be given promotion. The contention of the petitioner is that simply because the petitioner is on deputation, the petitioner cannot be denied promotion legally due to her in the parent department. The course open to the authority is to either promote the petitioner and allow the petitioner to continue on deputation or to grant promotion and recall the petitioner from deputation, both of which have not been done in this case. Detailing the petitioner's grievances, the petitioner has filed Ext.P7 representation before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P7 expeditiously. 2 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Exts.P7, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner and the 2nd respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge