IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33000 of 2011(Y) -------------------------------------- PETITIONER(S): ----------------------- K.B.SURESH, PEON, SHERTHALLAI MUNICIPALITY BY ADVS. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SRI.P.ANIYAN SMT.M.A.RAMITHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DIRECTOR, URBAN AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 3. K.SASIKUMAR, LOWER DIVISION CLERK, CORPORATION OF KOCHI, KOCHI - 682 031. BY SENIOR GOVT.PLEADER SRI E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NK WP(C).No. 33000 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE GOVT.ORDER DATED 26/10/2005 P2 COPY OF THE PROVISIONAL SENIORITY LIST DATED 01/12/2007 P3 COPY OF THE PROCEEDINGS OF 2ND RESPONDENT P4 COPY OF THE APPEAL DATED 05/05/2011 P5 COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT P6 COPY OF THE REPLY DATED 10//11/2011 RESPONDENTS' EXHIBITS: NIL // TRUE COPY// P.A. TO JUDGE NK K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33000 of 2011 --------------------------------------------- Dated this the 20th day of December 2011 JUDGMENT The petitioner is working as a Peon in the Sherthallai Municipality. He commenced service after being selected and advised for such appointment by the Kerala Public Service Commission to the Malappuram District. On the basis of the relevant Government Orders applicable, 10% of the posts of Lower Division Clerk/Bill Collector in the Municipal Common Service are reserved for appointment from among the low paid employees (Class-IV) in regular service of the Municipal Common Service, possessing the educational qualification of SSLC. The method of appointment stipulated is by transfer. The petitioner is fully qualified and eligible to get promotion as a Lower Division Clerk/Bill Collector. The second respondent has published a provisional seniority list of last grade servants in the Kerala Municipal Common Service. As per the said list Ext.P2, the petitioner is rank WPC No.33000 of 2011 2 No.58 and the third respondent is rank No.59. However, when vacancies arose, the third respondent has been promoted while the petitioner has not been granted such promotion. Being aggrieved by the denial of promotion, the petitioner has submitted Ext.P4 appeal to the second respondent. However, the same has not been considered yet. 2. In the above circumstances, the petitioner submitted Ext.P5 request to the State Public Information Officer and obtained information regarding the reason for the denial of promotion to him. By Ext.P6, the petitioner has been informed that it was due to an omission that the petitioner was not granted promotion. In the light of the information contained in Ext.P6, it is only proper that the petitioner is granted the promotion that was denied to him by oversight. 3. Since Ext.P4 is pending consideration of the second respondent, it is only appropriate that the said authority considers the petitioner's appeal, in accordance with law and in the light of the information contained in Ext.P6 and passes orders thereon, expeditiously. WPC No.33000 of 2011 3 4. This writ petition is, accordingly, disposed of directing the second respondent to consider the appeal filed by the petitioner, evidenced herein by Ext.P4 in accordance with law and in the light of Ext.P6 information and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. SD/- K.SURENDRA MOHAN, JUDGE true copy P.A.TO JUDGE css/