IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5228 of 2008(V) ------------------------- PETITIONER: ------------ C.SASIKUMARAN NAIR, S/O.P.M.CHELLAPPAN PILLAI, AGED 53 YEARS, GENERAL FOREMAN, CENTRAL PRISON PRESS, TRIVANDRUM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PRINTING, TRIVANDRUM. BY SHRI. BIJOY CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 5228 OF 2008 ----------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT The petitioner was promoted as a General Foreman by way of promotion under Ext.P2. According to the petitioner, on the basis that he had not completed 5 years in the feeder category Senior Foreman, he was subsequently reverted as per Ext.P4. Ext.P5 is the appeal filed against Ext.P4. In my view, the Government has to take a decision on Ext.P5. Learned counsel for the petitioner submits that petitioner was actually reverted to the post of Senior Foreman only after the filing of the Writ Petition. This was affirmed to be correct by the respondents. He also makes reference to Ground G of the Writ Petition. There are 7 vacancies in the cadre of Junior Foreman. In my view, it is appropriate for the Government to take a decision on Ext.P5. In circumstances where Ext.P4 was given effect to after the institution of the Writ Petition; the petitioner is entitled to continue in the post of General Foreman till a decision is taken on Ext.P5. In the result the Writ Petition is disposed of directing the Government to pass orders on Ext.P5 within a period of two WPC No. 5228 OF 2008 2 months from the date of receipt of a copy of this judgment. Petitioner shall be permitted to continue as General Foreman till the disposal of Ext.P5. Petitioner shall also be personally heard before a decision is taken on Ext.P5. V. GIRI, JUDGE ttb WPC No. 5228 OF 2008 3