IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 22595 of 2011(Y) -------------------------- PETITIONER(S): --------------- T.K.DEVARAJAN, AGED 76 YEARS, RETIRED PANCHAYATH INSPECTOR, S/O.KORAN MASTER (LATE) EDANAD EAST, O.O.EDAT KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM-695001. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM-695001. BY G.P.SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22595 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF JUDGMENT IN W.P.(C)NO.38318/2010 PASSED BY THIS HON'BLE COURT DATED 23.12.2010. EXT.P2: TRUE COPY OF ARGUMENT NOTE DATED 27.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2(a): TRUE COPY OF ADDITIONAL ARGUMENT NOTE DATED 14.3.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER NO.E2-972/11 DATED 31.3.2011 PASSED BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF GOVERNMENT ORDER BEARING NO.G.O(P) 281/89/(256)/ FIN DATED THIRUVANANTHAPURAM 6.6.1989. EXT.P5: TRUE COPY OF CERTIFICATE DATED 25.4.1972 ISSUED BY DISTRICT PANCHAYATH OFFICER, KANNUR TO THE PETITIONER. EXT.P6: TRUE COPY OF ORDER BEARING NO.E2-23206/89 DATED 5.1.90 ISSUED BY 2ND RESPONDENT. EXT.P7: TRUE COPY OF REQUEST DATED 18.8.2009 BY THE PETITIONER TO THE 2ND RESPONDENT. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.22595 of 2011 ---------------------------------------- Dated 29th August, 2011 JUDGMENT The petitioner is a retired Panchayat Inspector. He retired as such from the service of the Department of Local Self Government on 31.8.1989. The grievance of the petitioner is with respect to the inaction on the part of the respondents on Ext.P7 representation submitted by him for the purpose of getting the benefit of grade promotion on completion of 13 years of service. True that, there is a delay as the petitioner raised these contentions and claim after more than a decade since his retirement. Going by the contentions raised by the petitioner as also the prayers, the request is only for granting grade promotion in terms of the relevant Government orders referred to in Ext.P7 representation. A claim for grade promotion to which one is entitled to will not adversely affect right of any third party and in which case the respondents cannot refuse to take up Ext.P7 for consideration. In that view of the matter, this writ petition is disposed of with a direction to the first respondent to consider the entitlement of the petitioner for grade promotion and pass appropriate orders on Ext.P7 in accordance with the relevant Government orders on the said subject. This shall be done expeditiously, at any rate, within a period WP(C).No.22595/2011 2 of two months from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation as to the entitlement or otherwise of the petitioner for such grade promotion. Sd/- C.T.RAVIKUMAR Judge TKS