IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH DAY OF DECEMBER 2011/17TH AGRAHAYANA 1933 WPC.No. 21988 of 2011 (W) ===================== PETITIONER(S) ============= 1 K.SURESH BABU, AGED 55 YEARS, S/O. KOCHU VELU KETTIDATHIL KIZHAKKETHIL ADINAR SOUTH KATTIKADAVU.P.O. KARUNAGAPPALLY KOLLAM. BY ADV.SRI.M.J.THOMAS RESPONDENT(S) ============== 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION (F) DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001 2 THE DIRECTOR, INDIAN SYSTEM OF MEDICINES (ISM) THIRUVANANTHAPURAM - 695 001 3 THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINES (ISM) QUILON - 691 001 BY GOVERNMENT PLEADER. SRI. P.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WPC.No. 21988 of 2011 (W) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 COPY OF THE ORDER DATED 10/10/2005 OF THE 3RD RESPONDENT EXT.P2 COPY OF THE ORDER DATED 28/05/2007 PROMOTING THE PETITIONER AS SANITATION WORKER EXT.P3 COPY OF THE JOINING REPORT OF THE PETITIONER DATED 1/6/2007 SUBMITTED TO THE SENIOR MEDICAL OFFICER EXT.P4 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO. 24439/1998 EXT.P5 COPY OF THE GO (Rt) NO. 779/1999 DATED 10/3/1999 EXT.P6 COPY OF THE PROCEEDINGS IN RESPECT OF SARASAMMA DATED 02/11/1998 EXT.P7 COPY OF THE ORDER GO (MS) NO. 102/2008 DATED 28/07/2008 EXT.P8 COPY OF THE ORDER GO (MS) NO. 99/2010 DATED 21.08.2010 EXT.P9 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOER BEFORE THE 1ST RESPONDENT RESPONDENT'S EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.21988 of 2011-W. = = = = = = = = = = = = = Dated this the 8th December, 2011. J U D G M E N T The petitioner was promoted as a Sanitation Worker and posted at the Government Ayurveda Hospital, Pavumba from the post of part-time sweeper at the same hospital. According to the petitioner, at the time of his promotion he was not aware that by accepting the promotion, his length of service as well as pensionary benefits would be adversely affected for the reason that, he had only seven years of service left. On the contrary, if he had continued as a part- time sweeper, he would have been entitled to continue in service up to the age of 70 years. The petitioner has filed this writ petition complaining that though as per a Government Circular dated 13.4.1989, the authorities had been directed to inform that he would lose the benefit of his long service consequent to such promotion and that he WP(C).No.21988/2011-W. 2 would retire at the age of 55 years, it is the specific case of the petitioner that the petitioner was not so informed. 2. A counter-affidavit has been filed by the third respondent producing Ext.R3(a) document dated 17.4.2007, being the consent letter executed by the petitioner while accepting his appointment to the regular service. In the light of Ext.R3(a) the contentions of the petitioner have to fail. It is also clear that the petitioner has filed this writ petition making statements that are contrary to facts. Since by getting Ext.R3(a) executed by the petitioner before granting him regular appointment by promotion, the authorities have fully complied with the mandate of the Circular dated 13.4.1989, the petitioner is not entitled to any further relief in this matter. This writ petition fails and is accordingly dismissed. K.SURENDRA MOHAN, (Judge) Kvs/-