IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 11344 of 2008(A) ----------------------------------------- PETITIONER(S): ------------------------ E. SHOUKATH ALI, S/O. IBRAHIM KUTTY, AGED 48 YEARS, PEON, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FISHERIES & PORTS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, FISHERIES DIRECTORATE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM DISTRICT. 4. SRI.ANIL KUMAR, FIELD MAN, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, VIZHINJAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11344/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADVICE MEMO DTD. 28/11/1996. EXT.P2: COPY OF THE ORDER NO.37371/T1/04/RD OF THE REVENUE DEPARTMENT DTD. 02/07/2004. EXT.P3: COPY OF THE ORDER NO.A3/5077/2004 OF THE DIRECTOR OF FISHERIES DTD. 28/06/2004. EXT.P4: COPY OF THE APPEAL FILED BEFORE THE DIRECTOR DTD. 28/02/2004. EXT.P5: COPY OF THE ORDER NO.A3-19265/05 OF THE DIRECTOR OF FISHERIES DTD. 07/01/2006. EXT.P6: COPY OF THE OBJECTION OF THE PETITIONER DTD.21/01/2006. EXT.P7: COPY OF THE ORDER NO.14936/A1/07/FISHERIES OF THE GOVERNMENT DTD. 21/01/2008. EXT.P8: COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT DTD. 19/03/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11344/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of February, 2009 J U D G M E N T The petitioner is working as Peon in the office of the Deputy Director of Fisheries, Kollam. He is a Nephrology patient. He has undergone Kidney transplantation. The main grievance stated is one relating to denial of promotion considering his seniority. The petitioner was recruited through P.S.C during the year 1996 and he was advised against the Head Quarters vacancy in the Advocate General's Office, Ernakulam. Ext.P1 is the Advice Memo thus issued. Later he was transferred to the District of his choice, to the office of the Joint Director of Fisheries, Thiruvananthapuram on 01/12/1998. 2. The petitioner is relying on Note 2 of Clause 14(c) of the Special Rules for the Kerala Last Grade Service which provides as follows:- “Seniority of a person advised by the District Office of the Kerala Public Service Commission for appointment against a vacancy in Headquarters and transferred after such appointment to the District of the choice shall be determined with reference to the original advice by the District Office of the Public Service Commission.” Government by Ext.P2 has granted seniority to an incumbent from the date of advice who was transferred from General W.P.(C) No.11344/2008 -:2:- Administration Department of the Secretariat, Thiruvananthapuram to the Revenue Department, Kozhikode. The petitioner is seeking for a similar benefit. But while finalising the seniority as per Ext.P3, the said benefit was denied to him. He is seeking a placement between Sl.Nos.186 and 187. Even though Ext.P4 appeal was filed, the same was rejected by Ext.P7. The petitioner has pointed out that two of his juniors obtained promotion ahead of him. 3. The petitioner has filed a representation as Ext.P8 seeking reconsideration of the order passed by the Government in the matter. 4. Heard the learned Government Pleader who on instructions submits that Ext.P8 is still pending and no final orders have been passed in the matter. 5. In the result, the writ petition is disposed of directing the Government to pass orders on Ext.P8, on its merits and in accordance with law within a period of three months from the date of receipt of the copy of this judgment after hearing the petitioner also. No costs. (T.R. Ramachandran Nair, Judge.) ms