IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 34710 of 2004(F) -------------------------------------- PETITIONER: ------------------- M.N.KARTHIKEYAN, STATION MASTER, STATE WATER TRANSPORT DEPARTMENT, EDATHUA STATION, EDATHUA, ALAPPUZHA DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN RESPONDENTS: ---------------------- 1. DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 2. SECRETARY TO GOVERNMENT OF KERALA, TRANSPORT (D) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. *ADDL. R4 IS IMPLEADED 4. ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. *ADDL. R4 IS IMPLEADED AS PER ORDER DT. 12.6.2006 IN IA. NO.7710/06. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 34710/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 20.6.02 ISSUED BY THE IST RESPONDENT. EXT.P2:- COPY OF THE ORDER DT. 2.7.04 ISSUED BY THE IST RESPONDENT. EXT.P3:- COPY OF THE ORDER DT. 17.6.04 ISSUED BY the 2ND RESPONDENT. EXT.P4:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 23.3.03 IN WPC. NO.2747/03. EXT.P5:- COPY OF THE REPRESENTATION DT. 6.7.04 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 28.7.04 IN WPC. NO.22329/03. EXT.P7:- COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT AS PER COMMUNICATION NO.8615/D1/04/TRAN. DT. 9.10.2004. EXT.P8:- COPY OF THE JUDGMENT IN WPC. NO.32107/05 DT. 17.11.2005 OF THIS HONOURABLE COURT. EXT.P9:- COPY OF THE LETTER ON PENSIONARY CLAIMS ISSUED FROM THE OFFICE OF THE ACCOUNTANT GENERAL. EXT.P10:- COPY OF THE CERTIFICATE DT. 30.3.07 FOR MOT TEST OBTAINED BY THE KERALA PUBLIC SERVICE COMMISSION. /TRUE COPY/ P.A. TO JUDGE tss W.P.(C) NO.34710/2004 KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.34710 OF 2004 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a Writ of Certiorari or any other appropriate writ, order or direction quashing Ext.P2 order dated 2.7.2004, Ext.P3 order dated 17.6.2004 and Ext.P7 order dated 29.10.2004 issued by the 2nd respondent to the petitioner. The main objection seems to be regarding passing of Manual of Office Procedure test. In view of Exhibit P10, the matter requires fresh consideration. 2. Accordingly, the impugned orders are quashed with a direction to the second respondent to consider the matter afresh, with notice to the petitioner, and take appropriate action in the light also of Exhibit P10 within a period of one month from the date of production of a copy of this judgment by the petitioner. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 34710 OF 2004 J U D G M E N T 08.08.2008