IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20702 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------- N.NAZARUDEEN,S/O.ABHUZHAMAN PILLAI,RESIDING AT MORAKKATTIL KUNNUMPURATHU VEEDU,MUTHUVILA PO, KALLARA VILLAGE,THIRUVANANTHAPURAM DISTRICT,(LDC- HIGHER GRADE),DISTRICT DEVELOPMENT OFFICE, FOR SCHEDULED CASTE,AYYANKALI BHAVAN, THIRUVANANTHAPURAM. BY ADVS. SRI.RAJESH. K.RAJU, SRI.V.R.REKESH. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE DIRECTOR,SCHEDULED CASTE DEVELOPMENT DEPARTMENT,AYYANKALI BHAVAN, KANAKA NAGAR,THIRUVANANTHAPURAM-33. 3. THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE,KANAKA NAGAR,THIRUVANANTHAPURAM-33. 4. THE ADMINISTRATIVE OFFICER, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, VIKAS BHAVAN,KANAKA NAGAR,THIRUVANANTHAPURAM-33. R1 TO R4 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20702/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE P.S.C. ADVICE FILE NO.PR4/3072/82 DTD. 18/02/1986 OF THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE. P2: COPY OF THE PROCEEDINGS OF THE DISTRICT WELFARE OFFICER, PALAKKAD APPOINTING THE PETITIONER PROVISIONALLY IN SERVICE AS L.D.TYPIST. P3: COPY OF THE PROCEEDINGS OF THE DIRECTOR OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT, TRIVANDRUM VIDE ORDER NO.A2-485/86/RD DTD. 8/07/1986. P4: COPY OF THE PROCEEDINGS OF THE ADMINISTRATIVE OFFICER TO THE DIRECTOR OF SCHEDULED CASTE DEVELOPMENT VIDE ORDER NO. AS 8023/88 DTD. 23/11/1988. P5: COPY OF THE LETTER NO.EFII (i) 1644/89/EW DTD. 14/09/1990 ISSUED TO THE PETITIONER. P6: COPY OF THE PROVISIONAL SENIORITY LIST DTD. 1/1/1988 OF THE SCHEDULED CASTE DEVELOPMENT OFFICE. P7: COPY OF THE ORDER NO.A3/23796/05 DTD. 30/11/2005 OF THE PROCEEDINGS OF THE ADMINISTRATIVE OFFICER OF THE SCHEDULED CASTE DEVELOPMENT DEPARTMENT APPOINTING SRI.M.A.VIJAYALEKSHMI AS FAIR COPY SUPERINTENDENT. P8: COPY OF THE ORDER NO.A2-8369/10(1) DTD. 7/04/2010 APPOINTING SRI.A.ABDUL MAJEED AS FAIR COPY SUPERINTENDENT. P9: COPY OF THE REPRESENTATION DTD.1/04/1996 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P10: COPY OF THE REPRESENTATION DTD. 14/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P11: COPY OF THE JUDGMENT DTD. 23/02/2011 IN WPC.5623/2011 OF THE HON'BLE HIGH COURT OF KERALA. P12: COPY OF THE ORDER NO.ESTA-A2-22644/2011 DTD. 24/06/2011 PASSED BY THE 2ND RESPONDENT. P13: COPY OF THE ORDER DTD. 5/07/2011 IN CONTEMPT CASE (CIVIL) NO. 540/2011 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.20702 OF 2011 -------------------------------------------- Dated this the 29th day of July, 2011 JUDGMENT The petitioner commenced his service under the Scheduled Castes Development Department as Lower Division Typist on 17.3.1986 pursuant to Ext.P1 advice memo and Ext.P2 order of appointment. Admittedly, after entering into service, he had applied and appeared for an eligibility test for the purpose of getting appointment as Lower Division Clerk in the same department. As per Ext.P5, he was intimated that he came out successful in the said test and further, that appointment as L.D Clerk would be made by the Head of the Department. Later, the petitioner was appointed as L.D Clerk as per order dated 18.10.1990 of the second respondent and pursuant to which he joined duty on 5.11.1990. Since then, he has been continuing in the Department as L.D.Clerk. Long later, he made Ext.P9 representation raising grievances against promotion of his erstwhile junior as U.D.Typist in February, 1992 and subsequent appointment. Feeling aggrieved by the inaction on his request in Ext.P9, he filed Ext.P10 representation dated 14.1.2011. As Ext.P10 W.P.(C) NO.20702 of 2011 2 representation was not acted upon, he approached this Court by filing W.P. (C).No.5623 of 2011. His request in Ext.P10 was for restoration of his seniority in his entry cadre viz., L.D.Typist with consequential benefits. Without making any observation as to the merits of the contentions of the petitioner, the said Writ Petition was disposed of by Ext.P11 judgment with a direction to the second respondent to consider and pass orders on Ext.P10 after affording an opportunity of being heard to the petitioner and all other persons likely to be affected. After such consideration, the second respondent passed Ext.P12 order. It is challenging Ext.P12 order that this Writ Petition has been filed. 2. There is no dispute with respect to the fact that after commencing his service as L.D Typist, the petitioner had applied and appeared for eligibility test for appointment to the post of L.D.Clerk. He came out successful in the said test and subsequently, he was appointed as L.D.Clerk as per order dated 18.10.1990 of the second respondent and thereupon, he joined as such on 5.11.1990. The grievance of the petitioner is that persons who commenced services later than the petitioner but continued in the category of L.D.Typist were given further promotions. However, it is an admitted fact that the petitioner had not preferred to challenge their promotions at appropriate time. Evidently, the petitioner has been continuing in the post of L.D.Clerk from 1990 onwards. Having W.P.(C) NO.20702 of 2011 3 appeared in the eligibility test and accepted the appointment as L.D.Clerk and above all, having remained silent when the erstwhile juniors in the L.D Typist cadre were given promotion, the petitioner cannot, after about two decades, raise grievances either against their promotions or seek promotions and consequential benefits taking into account such aspects. The petitioner on his own moved to another stream, in accordance with law, and therefore, he can aspire promotions only in his present stream. It was taking into account all those aspects that Ext.P12 order was passed. The petitioner has failed to make out a ground for interference with Ext.P12. It is also a fact that on his appointment as L.D.Clerk, he was given grade promotions as well. That apart, as per Ext.P12, the second respondent has ordered to consider the grievances of the petitioner and to assign him appropriate place in the seniority list of L.D.Clerk and to grant benefit, if any, available to him on such assignment. In the said circumstances, I am of the considered view that there is no merit in the challenge against Ext.P12 order. This Writ Petition is liable to fail. Accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.20702 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.20702 of 2011 5