IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 17927 of 2004(H) --------------------------------------- PETITIONER: ------------------- ANWAR, N.H., L.D. CLERK, DISTRICT DEVELOPMENT OFFICE FOR SCHEDULED CASTE, ERNAKULAM. BY ADV. SMT.P.V.ASHA. RESPONDENTS: ----------------------- 1. THE DIRECTOR OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. ADMINISTRATIVE OFFICER, DIRECTORATE OF SCHEDULED CASTE DEVELOPMENT, THIRUVANANTHAPURAM. *ADDL.RESPONDENTS 3 & 4 IMPLEADED: *3. SRI. K. PRASAD, U.D. CLERK, DIRECTORATE OF SCHEDULED CASTE DEVELOPMENT, THIRUVANANTHAPURAM. *4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. *ADDL. RESPONDENTS 3 & 4 ARE IMPLEADED AS PER ORDER DATED 10/11/2008 IN I.A. NO. 11076/2004. BY GOVERNMENT PLEADER SRI. SHYSON P. MANKUZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17927/2004-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. A11. 11340/03 DTD. 22/12/2003 ALONG WITH THE RELEVANT PORTION OF THE SENIORITY LIST OF LD CLERKS. EXT.P.2: COPY OF THE RELEVANT PORTION OF THE ORDER NO. A2-634/02 DTD. 09/02/2004 OF THE R.2. EXT.P.3: COPY OF THE REPRESENTATION DTD. 17/02/2004 OF THE PETITIONER TO R.2. EXT.P.4: COPY OF THE G.O. (MS).25/97/P&ARD DTD. 28/11/1997. EXT.P.5: COPY OF THE A2-634/02 DTD. 10/03/2004. EXT.P.6: COPY OF THE REPRESENTATION DTD. 22/03/2004 OF PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE REPRESENTATION DTD. 29/04/2004 OF PETITIONER BEFORE THE R.1. EXT.P.8: COPY OF THE ORDER NO. A2-634/02 DTD 09/06/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 17927 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner approached this court with certain grievances regarding promotion to the 3rd respondent wherein the Government invoked the power under Rule 39 of the General Rules. In view of the intervening developments it is submitted that the said question can be left open since the petitioner himself was promoted subsequently. Ordered accordingly and the writ petition is closed. The challenge against the Rule is also left open. Sd/- (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.17927 of 2004 ----------------------------------- JUDGMENT 10th November, 2008