IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 38640 of 2010(D) --------------------------------------- PETITIONER: ------------------- K.HYDERALI, S/O.KOMU HAJI, (RETIRED ADDITIONAL VILLAGE OFFICER, KUPPADI VILLAGE, SULTHAN BATHERY TALUK), PPO NO.110945512, KAVUNGAL HOUSE, MUNDAKKOLLI (PO) MOOKUTHI KUNNU, CHEERAL (VIA), WAYANAD DISTRICT, PIN - 673 595. BY ADV. SRI.P.NARAYANAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. PIN - 695 001. 3. THE DISTRICT COLLECTOR, WAYANAD - 673 121. 4. THE TAHSILDAR, SULTHAN BATHERY TALUK, WAYANAD DISTRICT - 673 126. 5. ACCOUNTANT GENERAL (A & E), O/O THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. PIN - 695 039. R1 TO R5 BY GOVERNMENT PLEADER SRI. K.J. JOSE ADIYODI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.38640/2010-D: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER REFERENCED NO.A1-4/2001(1) DTD. 18/06/2001 ISSUED BY THE DISTRICT COLLECTOR, WAYANAD. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C).NO.33145/2006 DT.D 05/08/2008 OF THIS HON'BLE COURT. EXT.P.3: COPY OF THE GOVERNMENT ORDER NO.94/09/R.D. TVM. DTD. 06/01/2009. EXT.P.4: COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR, WAYANAD BY PROCEEDINGS NO. A1-1179/06(1) DTD 05/02/2009. EXT.P.5: COPY OF THE PROCEEDINGS NO. A1-1179/06(2) DTD. 05/02/2009 OF THE DISTRICT COLLECTOR, WAYANAD. EXT.P.6: COPY OF THE ORDER ISSUED BY THE TAHSILDAR, SULTHAN BATHERY TALUK BY PROCEEDINGS NO. A2-3436/05. EXT.P.6.A: COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED PAY SCALE SANCTIONED IN G.O.(P).145/2006/FIN. DTD. 25/03/2006. EXT.P.7: COPY OF THE LAST REPRESENTATION FILED UNDER RULE 39 PART II KS & SSR BEFORE THE R.1. DTD. 06/12/2010. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.S. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 38640 OF 2010 ----------------------------------------------------------- Dated this the 20th October, 2011. JUDGMENT The petitioner retired as an Additional Village Officer on 31-3-2010. He had not been given promotion as Village Officer for the reason that he had not passed the departmental test. He claimed that he was entitled to exemption from passing departmental test on attaining the age of 50 years. However, the said benefit was not given to him. He had earlier approached this Court by filing W.P(C)33145/2006 when the increments granted to him were sought to be recovered on the basis that such increments were granted erroneously. This Court found that the petitioner was entitled to the first increment that was granted to him but that, he was not entitled to the second increment. Ext.P2 is the said judgment. Pursuant to Ext.P2 though the petitioner was entitled to promotion as Village Officer and re-fixation of his pay scale on the said basis, the same was not done. The petitioner also claims that he is entitled to be paid all the service benefits on the basis of his promotion as Village Officer. The petitioner has submitted Ext.P7 WPC 38640/2010 2 representation before the first respondent. He complains that no orders have been passed thereon till date. 2. I have heard the learned Govt. Pleader also. 3. In view of the fact that Ext.P7 is pending consideration of the first respondent, it is only appropriate that the said authority considers the claim of the petitioner in the first instance. 4. This writ petition is accordingly disposed of directing the first respondent to consider the claim of the petitioner set out in Ext.P7 representation in accordance with law and in the light of Ext.P2 judgment of this court and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 38640/2010 3