IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14583 of 2009(P) -------------------------- PETITIONERS: --------------- C.SREENIVASAN, ASSISTANT ENGINEER, L.S.G.D. ANJARAKKANDY GRAMA PANCHAYAT P.O. MAMBA, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF LOCALSELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 14583 of 2009-P ------------------------------ Dated this the 28th day of May, 2009. J U D G M E N T Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Sri.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner entered service as First Grade Draftsman in the Irrigation Department on 6.12.1995. At the time of entry in service he possessed a Diploma in Engineering. After entry in service, he passed Section A and B Examinations of the Institution of Engineers (India) in Civil Engineering held in December 2001. The said qualification is treated as equivalent to degree in Civil Engineering. According to the petitioner, the acquisition of the said qualification was recorded in his service book. The petitioner was thereafter promoted as Assistant Engineer in 2005 as per order dated 22.7.2005. When the Engineering cadre for the Local Self Government Department was formed, the petitioner opted for the Local Self Government Department. After exercising the option, he requested the Chief Engineer, Local Self Government Department to include him in the list of Graduate Assistant Engineers. That request was granted by Ext.P3 order dated 7.11.2008. However thereafter, the Chief Engineer cancelled it by Ext.P4 order dated 27.1.2009. The petitioner has thereupon moved the Government requesting the Government to issue necessary directions to the Chief W.P(C) No. 14583 of 2009-P 2 Engineer to include him in the seniority list of Graduate Assistant Engineers. In this writ petition, the petitioner challenges Ext.P4 and seeks a writ in the nature of mandamus commanding the respondents to include him in the seniority list of Graduate Assistant Engineers. 3. Ext.P4, by which Ext.P3 order was cancelled only states that petitioner's request cannot be presently entertained and that after the views of the Government are ascertained the question can be reconsidered. According to the Chief Engineer, the petitioner's request could have been granted only in consultation with the Government and the Government's concurrence. Since the petitioner has moved Ext.P7 representation in that regard, I dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P7 in the light of the special rules and pass orders thereon expeditiously and in any event within six months from the date on which the petitioner produces a certified copy of this judgment along with a copy of this writ petition before the Secretary to Government, Local Self Government Department. The Secretary to Government shall also afford the petitioner a reasonable opportunity of being heard. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//