IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 OP.No. 5183 of 2003(P) ---------------------------------- PETITIONER: --------------------- T.A.GANGADHARAN, SUB ENGINEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. BY ADV. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENTS: ------------------------ 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY. *ADDL.R3 IS IMPLEADED: R3. P.G.ANILKUMAR, SUB ENGINEER,ELECTRICITY DEPARTMENT, THRISSUR CORPORATION,THRISSUR-1 RESIDING AT SOPANAM ESTATE,CITY GARDENS,THRICHUR 5. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 4/03/2003 IN C.M.P.NO.12425/2003) BY GOVERNMENT PLEADER SRI. C.M.NAZAR BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION R2 BY ADV. SRI. K.P.VIJAYAN SRI.K.A.SREEJITH SRI.LELLULAL T.G.THUNDATHIL ADDL.R3 BY ADV.SRI.K.RAMAKUMAR (SR.) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.9133/2003 IN O.P.NO.5183/2003 P DISMISSED 20/02/2008 SD/- A.K.BASHEER, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROMOTION-CUM-REGULARISATION ORDER DTD. 11/02/1994 OF THE PETITIONER. EXT.P2: COPY OF THE SENIORITY POSITION DTD. 27/10/2000 OF THE SUB-ENGINEERS IN THE ELECTRICITY DEPARTMENT OF THRISSUR MUNICIPAL CORPORATION. EXT.P3: COPY OF THE REPRESENTATION DTD. 24/06/2002 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF THE ORDER DTD. 01/08/2001 ISSUED BY THE SECOND RESPONDENT GIVING FULL ADDITIONAL CHARGE OF THE ASSISTANT ENGINEER TO THE PETITIONER. EXT.P5: COPY OF THE JUDGMENT DTD. 13TH SEPTEMER 2002 IN O.P.NO. 26089 OF 2002 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE ORDER DTD. 25/01/2003 ISSUED BY THE FIRST RESPONDENT. EXT.P7: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DTD. 10/02/1994 REVIEWING THE PROMOTIONS OF THE PETITIONER. EXT.P8: COPY OF THE PROVISIONAL SENIORITY LIST OF THE SUB- ENGINEERS DTD. 06/02/2003 PUBLISHED BY THE FIRST RESPONDENT. EXT.P9: COPY OF THE ORDER DTD. 26/06/2006 ISSUED BY THE FIRST RESPONDENT PROMOTING THE 3RD RESPONDENT. EXT.P10: COPY OF THE PROCEEDINGS DTD. 07/07/1994 OF THE ASSISTANT COMMISSIONER, THRISSUR MUNICIPALITY. EXT.P11: COPY OF THE REPRESENTATION DTD. 08/06/1989 SUBMITTED BY ME TO THE FIRST RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DTD. 21/04/1992 SUBMITTED TO THE FIRST RESPONDENT. Kss ..2/- ...2..... O.P.NO.5183/2003 P EXT.P13: COPY OF THE REPRESENTATION DTD. 23/06/1992 SUBMITTED TO THE FIRST RESPONDENT. EXT.P14: COPY OF THE SPECIAL RULES REGARDING THE PROMOTION AND METHOD OF APPOINTMENT TO THE POST OF OVERSEER. EXT.P15: COPY OF THE CLARIFICATION DTD. 06/10/1990 ISSUED BY THE KSEB. EXT.P16: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DTD. 10/02/1994 REVIEWING MY PROMOTIONS IN ALL THE CADRES. EXT.P17: COPY OF THE PROVISIONAL SENIORITY LIST OF SUB-ENGINEERS DTD. 6/02/2003. EXT.P18: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DTD. 11/12/2007 ALONG WITH THE FINAL SENIORITY LIST OF SUB ENGINEERS. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE ORDER DTD. 16/01/2003. EXT.R1(A): COPY OF THE RELEVANT RULES RELATES TO PROMOTION TO THE POST OF SUB ENGINEER. EXT.R1(B): COPY OF THE LETTER DTD. 18/05/2006 OF THRISSUR CORPORATION. EXT.R1(C): COPY OF THE ORDER DTD. 6/03/88. EXT.R1(D): CIOPY OF THE ORDER DTD. 6/08/88. 2ND RESPONDENT'S EXHIBITS: EXT.R2: COPY OF THE LETTER E(2)2135/96 DTD. 4/12/02 ADDRESSED TO THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. EXT.R2(A): COPY OF THE LETTER NO.B-8-1843/01 DTD. 27/11/2002 OF THE DIRECTOR OF URBAN AFFAIRS. EXT.R2(B): COPY OF THE ORDER NO.B-81843/01 DTD. 16/01/03 OF DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. Kss ...3/- ....3...... O.P.NO.5183/2003 P 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE PETITION SUBMITTED BY THE PETITIONER (ADDITIONAL 3RD RESPONDENT)BEFORE THE DIRECTOR, MUNICIPAL ADMINISTRATION, DIRECTORATE, THIRUVANANTHAPURAM. EXT.R3(1): COPY OF THE ORDER NO.E2(2) 3400/93 DTD. 11/02/1994 ISSUED BY THE 2ND RESPONDENT. EXT.R3(2)(A): COPY OF THE REPRESENTATION DTD. 15/11/93 SUBMITTED BY THE PETITIONER/ADDL.3RD RESPONDENT BEFORE THE DIRECTOR, MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. EXT.R3(2)(B): COPY OF THE REPRESENTATION DTD. 18/02/94 SUBMITTED BY THE PETITIONER/ADDL.3RD RESPONDENT BEFORE THE DIRECTOR, MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. EXT.R3(3): COPY OF THE ORDER DTD. 28/10/1994 ISSUED BY R1. EXT.R3(4): COPY OF THE MEMO NO.E2(2)2147/94 DTD. 9/06/1994 ISSUED BY ASSISTANT COMMISSIONER, THRISSUR MUNICIPALITY. /TRUE COPY/ P.S.TO JUDGE Kss A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.5183 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February 2008 ORDER In the course of hearing of this original petition, it is brought to my notice that a Division Bench of this court in W.A.No.640/01 had directed respondent No.1 herein, Director of Municipal Administration (who has now been re-designated as Director of Urban Affairs) to review the appointments and promotions given to the petitioner in this Original Petition and some others (respondents 4 to 13 in O.P.11349/90 from which the above writ appeal arose). The Division Bench had disposed of the Writ Appeal on November 20, 2001. 2. In the additional counter affidavit filed by the Municipality on December 15, 2007, it has been specifically averred that the Municipality had alerted respondent No.1 about the direction issued by the Division Bench and requested him to issue appropriate orders. 3. I do not find any justification on the part of respondent No.1 in ignoring the direction issued by the Division Bench. O.P.No.5183 OF 2003 :: 2 :: Therefore, respondent No.1 is directed to show cause why appropriate action shall not be initiated against him for violating the direction issued by the court. Respondent No.1 shall file an affidavit explaining the position and stating whether orders have been passed in compliance with the direction issued by the Division Bench or not. 4. The affidavit in this regard shall be filed by respondent No.1 on or before February 15, 2008, failing which he shall be personally present before this court on February 18, 2008. 5. In the meanwhile, if orders have not been passed already, it shall be ensured by him that it is done as expeditiously as possible. The minimum time required for passing the order shall be indicated in the affidavit to be filed before this court on or before February 15, 2008. Call on February 18, 2008. Hand over. Communicate. (A.K.BASHEER, JUDGE) jes