IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24594 of 2011(Y) -------------------------------------- PETITIONER: ------------------- K.A. SULAIMAN, SON OF ALAVI , AGED 49 YEARS, EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF EMPLOYMENT, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY GOVT. PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24594/2011-Y: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO.20807/96 OF THE EMPLOYMENT JOINT DIRECTOR DTD. 04/07/1996. EXT.P.2: COPY OF THE ORDER NO. J2/30094/99 OF EMPLOYMENT JOINT DIRECTOR DTD. 29/12/1999. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.31046/2009-A DTD. 02/11/2009. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.21318/2010-L DTD. 20/07/2010. EXT.P.5: COPY OF THE REQUEST OF THE PETITIONER DTD. 27/01/2011. EXT.P.5.A: COPY OF THE LETTER NO. A1/268/11 OF THE TOWN EMPLOYMENT OFFICER DTD 31/01/2011. EXT.P.6: COPY OF THE REQUEST OF THE PETITIONER DTD 18/05/2011. EXT.P.6(A): COPY OF THE LETTER NO. A1/268/11 OF THE TOWN EMPLOYMENT OFFICER DTD 18/05/2011. EXT.P.7: COPY OF THE REQUEST OF THE PETITIONER DTD 20/07/2011. EXT.P.7.A: COPY OF THE LETTER NO. A1/268/11 OF THE EMPLOYMENT OFFICER DTD 20/07/2011. EXT.P.8: COPY OF THE ORDER NO.J1/27483/07/(66)/DE OF THE DIRECTOR DTD. 17/09/2007. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.24594 of 2011-Y. = = = = = = = = = = = = = Dated this the 20th September, 2011. J U D G M E N T According to the petitioner, he was advised for appointment as a Lower Division Clerk in the Employment Department in 1987. While so, he got an appointment in the Panchayat Department and took up employment there. However, since he was not confirmed in the Panchayat Department he obtained repatriation to the Employment Department on request. Accordingly he joined as a Junior Employment Officer and is presently working at the District Employment Exchange in Malappuram District. 2. According to the petitioner, many of his juniors have been granted promotion over him, at a time when he was working in the Panchayat Department. Therefore, he seeks restoration of his seniority position on the basis of his first entry in service. According to him, his immediate junior has been promoted as Employment Officer on WP(C).No.24594/2011-Y. 2 17.9.2007. His request for promotion as Employment Officer has not found favour with the authority. The petitioner has submitted various representations which are pending before the second respondent. He has produced such representations marked as Exts.P5, P6 and P7 in these proceedings. He seeks appropriate orders for his rightful promotion considering his seniority position. 3. The learned Government Pleader opposes the plea of the petitioner. According to the Government Pleader, the petitioner is not entitled to any of the reliefs claimed. The promotions have all been ordered properly and are not defective in any manner. However, the Government Pleader has no objection in the issue of a direction for the consideration of Exts.P5, P6 and P7. 4. In view of the above, this writ petition is disposed of directing the second respondent to consider the grievances of the petitioner set out in the representations submitted by him, evidenced herein by Exts.P5, P6 and P7, WP(C).No.24594/2011-Y. 3 in accordance with law, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. K.SURENDRA MOHAN, (Judge) Kvs/-