IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 16241 of 2005(H) -------------------------- PETITIONER: --------------- C.NOORUDEEN KUTTY, (RTD.SPECIAL GRADE SENIOR CO-OEPRATIVE INSPECTOR/BLOCK DEVELOPMENT OFFICER), POOYAPPALLIL HOUSE, S.R.P.MARKET P.O. KOLLAM. BY ADVS. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SMT.ANITHA RAVINDRAN SRI.B.S.SWATHY KUMAR SMT.M.V.RAAVEE MOL RESPONDENT: ---------------- STATE OF KERALA, REP. BY THE SECRETARY RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 16241 of 2005(H) ----------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF G.O. RT. 391/87/RDD DT. 11.2.1987 EXT.P2. COPY OF REPRESENTATION DT. 13.4.87 OF THE PETITIONER EXT.P3. COPY OF G.O (RT) NO.825/87/RDD DT. 24.6.1987 EXT.P4. COPY OF REPRESENTATION OF THE PETITIONER DT. 4.12.04. EXT.P5. COPY OF JUDGMENT IN WPC NO.1009/05 (T) DT, 11.1.05 OF HON'BLE HIGH COURT OF KERALA. EXT.P6. COPY OF LETTER NO.2056/EA2/2005/LSGD DT. 20.4.05 OF UNDER SECRETARY, L.S.G. (RD-EA) DEPT. EXT.P7. COPY OF REPRESENTATION OF THE PETITIONER DATED 2.5.2005. EXT.P8. COPY OF ORDER NO.G.O. RT NO.1932/2005/LSGD DT. 12.5.05. RESPONDENT'S EXHIBITS : NIL -------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.16241 of 2005 - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has approached this Court with the following prayers: 1. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P8 and quash the same. 2. Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondent to regularise the petitioner's service as Block Development Officer and grant him pensionary benefits accordingly without any further delay. 3. The petitioner who was working as Senior Co-Operative Inspector was posted on deputation as the Secretary of Chavara Coconut Marketing Co-Operative Society Ltd. No. 4291. The petitioner was provisionally promoted as B.D.O as per order dated 11.02.1987 of the Government and he was allowed to continue on other duty in the Co-Operative Department. As per Ext.P3 order dated 24.06.1987, the petitioner was reverted to the Community Development Department. Accordingly, the Commissioner for Rural Development Department posted the petitioner as B.D.O., Karunagappally. While so, the petitioner W.P.(C) No. 16241/2005 -:2:- was placed under suspension on the basis of certain allegations against him. While under suspension, he retired from service on 30.04.1988. The grievance of the petitioner is that though he was promoted and posted as B.D.O and retired from service, pensionary benefits were not sanctioned and granted to him treating him as B.D.O. The petitioner submitted a representation before the Government requesting to regularise his service as B.D.O and grant him pensionary benefits. The Government vide Ext.P8 order dated 12.05.2005 rejected the representation submitted by the petitioner. It is the said order which is assailed in this writ petition. 4. I have perused the impugned order under Ext.P8. I do not find any illegality or impropriety in the impugned order. This writ petition is accordingly dismissed. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 16241/2005 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- W.P.(C) No. 16241/2005 -:4:- Dated this the 16th day of November, 2011. JUDGMENT