IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 2990 of 2009(E) ------------------------------------- PETITIONERS: --------------------- 1. BALAKRISHNAN NAIR.M (OPERATOR GFADE-III, IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM) RESIDING AT PANKAJA MANDIRAM, KULATHOOR, UCHAKKADA.P.O, NEYYATINKARA, THIRUVANANTHPURAM. 2. GOPAKUMAR.D (OPERATOR GFADE-III, IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM) RESIDING AT KOCHUKALIYIKKAL VEEDU, STUDIO ROAD, NEMOM.P.O, THIRUVANANTHAPURAM. 3. KRISHNA KUMARI AMMA, (OPERATOR GFADE-III IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM) RESIDING AT KATTIL PUTHEN VEEDU, KUDAVOOR, ANAYARA.P.O, THIRUVANANTHAPURAM-29. 4. K. SADASIVAN NAIR, (OPERATOR GFADE-III IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM) RESIDING AT MELEMURUKOLIL VEEDU, MANNAMMOOLA, PEROORKADA.P.O, THIRUVANANTHAPURAM-5. 5. SUBRAMANIA IYER.M, (OPERATOR GFADE-III IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM) RESIDING AT SREEHARI, NORTH STREET, NEAR AMMEN KOVIL, KAZHAKUTTOM, THIRUVANANTHAPURAM - 695 582. 6. SUBHADARA AMMA.N, (OPERATOR GRADE-III, IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM), RESIDING AT PRASANTHI NILAYAM, ORUTTUKALA, NEYYATTINKARA, THIRUVANANTHAPURAM. W.P.(C). NO.2990/2009-E: 7. D.PRIYA KUMARI, (OPERATOR GRADE-III, IPP PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM), RESIDING AT T.C 26/1154, PERA-79, VANCHIYOOR P.O., THIRUVANANTHAPURAM. BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, MR.RAJAN VELLOTH, MR.SABU SREEDARAN. RESPONDENTS: ------------------------ 1. KERALA HEALTH RESEARCH & WELFARE SOCIETY (KHRWS), RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM, REPRESENTED BY TTS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH & WELFARE SOCIETY (KHRWS), RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM. 3. V.ACHUTHAN NAIR, OPERATOR GRADE-III, I.P.P PRESS, KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM. 4. S.RAJAN, BINDER, I.P.P PRESS KHRWS, RED CROSS ROAD, GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.M.AJAY, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2990/2009-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 20/05/1995 OF THE R.1. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 25/07/1997 OF THE R.1. EXT.P.3: COPY OF THE PROCEEDINGS DTD. 15/05/2003 OF THE R.2. GRANTING RETROSPECTIVE REGULARIZATION AND PROMOTION TO THE R.3. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 13/08/2007 OF THE R.2. GRANTING RETROSPECTIVE REGULARIZATION AND PROMOTION TO THE R.4. EXT.P.5: COPY OF THE JUDGMENT DTD. 05/03/2007 IN O.P. NO. 20864/1999 OF THIS HON'BLE COURT. EXT.P.6: COPY OF THE JUDGMENT DTD. 16/11/2007 IN O.P. NO. 16252/1997 OF THIS HON'BLE COURT. EXT.P.7: COPY OF THE REPRESENTATION DTD. 17/12/2007 OF THE PETITIONERS BEFORE THE R.2. EXT.P.8: COPY OF THE REPRESENTATION DTD. 24/04/2008 OF THE PETITIONERS BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 2990 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of May, 2009 JUDGMENT Heard Sri. Nagaraj Narayanan, the learned counsel appearing for the petitioners and Sri. M. Ajay, the learned counsel appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 3 and 4. 2. The petitioners are presently working as Grade-III Operators in the I.P.P. Press run by the first respondent society. According to them, they possess the qualifications prescribed for appointment to the post of Operator Grade- III, Grade-II and Grade-I. Their main grievance is that though they are working against sanctioned posts, their service has not so far been regularized. They also claim promotion to the higher posts and other benefits. Seeking these reliefs, the petitioners have filed Exts.P7 and P8 W.P.(C) No. 2990/09 2 representations before the Managing Director of the first respondent society. In this writ petition, the petitioners seek regularization of their service and promotion to the higher posts. They also claim seniority over respondents 3 and 4 in the post of Operator Grade-II. 3. The question whether the petitioners are entitled to have their service regularized and promoted to higher posts and also have seniority assigned over respondents 3 and 4 is primarily a matter for the first respondent to decide. The learned counsel for the first respondent submits that Managing Director will consider the request made by the petitioners in Exts.P7 and P8 representations with notice to them and respondents 3 and 4 and take a decision thereon, in accordance with law. I accordingly dispose of this writ petition with a direction to the first respondent to consider the grievance voiced by the petitioners in Exts.P7 and P8 representations and pass orders thereon after notice to and affording the petitioners and respondents 3 and 4 a reasonable W.P.(C) No. 2990/09 3 opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment and a copy of this writ petition before the Managing Director of the first respondent society. P.N.RAVINDRAN, JUDGE. mn.