IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 12481 of 2009(E) --------------------------------------- PETITIONER: -------------------- K.K.MOHANAN PILLAI, EXCISE GUARD, EXCISE RANGE OFFICE, ERATTUPETTA. BY ADV. SRI.P.N.SASIDHARAN SRI.C.A.ANUPAMAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, EXCISE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 3. PRINCIPAL,STATE ACADEMY AND RESEARCH CENTRE, THRISSUR. 4. EXCISE INSPECTOR, EXCISE RANGE OFFICE, ERATTUPETTA. SRI. K. C. SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12481 of 2009 --------------------------------- Dated, this the 21st day of April, 2009 J U D G M E N T The petitioner submits that he is an untrained Excise Guard. It is stated that by Ext.P1, the 3rd respondent has sent a list of those Excise Guards like him, who are selected for physical training which is to commence on 24/04/2009. Ext.P2 is the list of such Excise Guards, who are below 50 years of age as on 30/04/2009. According to the petitioner, he will attain 50 years of age as on 26/04/2009, and therefore, his inclusion in Ext.P2 is erroneous. He also submits that several Excise Guards similarly placed like him have not been included in Ext.P2. Complaining of his allegedly wrong inclusion in Ext.P2, he has submitted Ext.P6 representation to the 2nd respondent praying to rectify the list. According to him, the said representation is pending and in the meantime, those included in Ext.P2 have to join for physical training on 24/04/2009. The petitioner submits that if he does not join, he will be visited with disciplinary action. It is in these circumstances, the writ petition has been filed mainly praying that he should be excluded from physical WP(C) No.12481/2009 -2- training, having regard to the fact that as on 30/04/2009, he will be 50 years of age. 2. In the nature of the controversy that is raised, I feel it is only appropriate that the 2nd respondent should consider Ext.P6, where the petitioner has sought rectification of Ext.P2. Therefore, I dispose of the writ petition with the following directions:- That the 2nd respondent shall consider Ext.P6 representation filed by the petitioner seeking rectification of Ext.P2 list attached to Ext.P1. Orders shall be passed on Ext.P6 as expeditiously as possible, at any rate, within 10 days of production of a copy of this judgment. It is directed that until orders are passed on Ext.P6 as directed above, the petitioner shall not be made to join for physical training, which is to commence on 24/04/2009. 3. The petitioner shall produce a copy of this judgment before the 2nd respondent on or before 28/04/2009 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg