IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 27989 of 2008(F) ------------------------------------- PETITIONER: ----------------- M. JAYACHANDRAN, VADAKKEKKARA PUTHUVAL PUTHENVEEDU, KAVALAKULAM, KODANGAVILA P.O., THIRUVANANTHAPURAM. RETIRED AS U.D.CLERK, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS. BY ADV. SRI.M.A.THOMAS KUTTY SMT.ASHA CHERIAN RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ====================================== W.P.(C)No.27989 of 2008 ====================================== Dated this the 6th day of October 2008 JUDGMENT The petitioner is a former employee of the General Education Department. He retired from service on 31.10.2007 on attaining the age of superannuation. He had while in service claimed earlier promotion to the post of Upper Division Clerk. That request was turned down by the Director of Public Instruction by order passed on 22.10.2005. The petitioner carried the matter in appeal to the State Government. By Ext.P1 order passed on 10.12.2007, the said appeal was rejected. The petitioner had contended before the Director of Public Instruction that persons ranked below him in the seniority list of Lower Division Clerks have been promoted earlier than him and that he is therefore entitled to be assigned an earlier date for promotion to the category of Upper Division Clerk. According to the petitioner without noticing his W.P.(C)27987/2008 2 contentions, the Director of Public Instruction as well as the State Government rejected his request. The petitioner submits that he has in Ext.P2 representation dated 8.2.2008 highlighted these aspects and requested the Government to reconsider its decision evidenced by Ext.P1. The petitioner has in this writ petition prayed for a direction to the State Government to consider and pass orders on Ext.P2 within a time limit to be fixed by this Court. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the writ petition may be disposed of with a direction to the State Government to consider Ext.P2 and pass orders thereon within a time limit to be fixed by this Court. 2. I have heard Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents as well. Since Ext.P2 is pending before the State Government, it is only proper that the said request is considered and disposed of at the earliest, especially, having regard to the fact that the petitioner is no more in service. In these circumstances, I dispose of the writ W.P.(C)27987/2008 3 petition with a direction to the Secretary to Government, General Education Department to consider Ext.P2 representation and pass orders thereon after affording the petitioner an opportunity of being heard. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/