IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 9381 of 2004(P) ------------------------- PETITIONER(S): --------------- S.A.KUTTAPPAN, SUPERINTENDENT OF SURVEY AND LAND RECORDS (RE-SURVEY) CHENGANACHERRY BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. R1&2 BY SMT.M.R.SRILATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.04.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9381 OF 2004 A P P E N D I X PETITIONER'S EXHIBIT :- 1. EXT.P1 :- Copy of the Order No.G4-7066/2002 dated 18.5.2002 issued by the 2nd respondent 2. EXT.P2 :- Copy of the Notification No.G4-18992/2001 dated 18.7.2002 issued by the 2nd respondent, published in Kerala Gazette Extraordinary dated 18.7.02 3. EXT.P3 :- Copy of the Govt.Circular No.5328/Rules/1/99/P&ARD dated 3.6.1999 4. EXT.P4 :- Copy of the representation dated 15.9.2003 submitted by the petitioner to the 1st respondent 5. EXT.P5 :- Copy of the representation dated 9.1.2004 submitted by the petitioner to the 1st respondent 6. EXT.P6 :- Copy of the judgment of this Hon'ble Court in WP(C) No.3203/2004 dated 17.2.2004 7. EXT.P7 :- Copy of the Order No.9239/E2/2004/RD dated 5.3.2004 issued by the 1st respondent 8. EXT.P8 :- Copy of the Notification G.O(P) No.310/2005/RD dated 13.10.05 issued by the 1st respondent RESPONDENT'S EXHIBIT :- NIL //True Copy// P.A. to Judge S.SIRI JAGAN, J. ---------------------- WP(C) No.9381 of 2004 ------------------------------------------- Dated this the 6th day of April 2010 J U D G M E N T The petitioner was promoted as Superintendent in the Department of Survey and Land Records of the Government of Kerala by Ext.P1 order dated 18.05.2002 provisionally. Subsequently, Ext.P2 select list of persons eligible for regular promotion for the post 'Superintendent' was published, in which the petitioner was included as serial number 66. A provisional seniority list was also published, in which the petitioner was shown as serial number 510, wherein the date of promotion as 'Superintendent' assigned to the petitioner was 01.11.2001. According to the petitioner, despite vacancies arising in the post of 'Assistant Superintendent' and 'Deputy Superintendent', the petitioner has not been given promotion. Therefore the petitioner approached this court by filing writ petition No.3203/2004, in which this court directed the Government to consider the 2 WP(C) No.9381 of 2004 claim of the petitioner. Pursuant thereto, by Ext.P7 order dated 05.03.2004, the representation of the petitioner was rejected, holding that he would complete probation only in May 2004 and therefore he is not eligible for promotion. According to the petitioner, since on the date of promotion as 'Superintendent' assigned to the petitioner was 01.11.2001, he would complete probation in November 2003 and therefore he is eligible for promotion from that date. While the original petition was pending, the petitioner retired from service on 31.3.2004. 2. Counter Affidavit by the first respondent supports Ext.P7. 3. During the pendency of this writ petition, the Government published Ext.P8 select list of persons eligible for promotion to the post of 'Assistant Director', in which the petitioner is included in the select list for the year 2003. The petitioner therefore now submits that petitioner is entitled for promotion as per Ext.P8 select list. 3 WP(C) No.9381 of 2004 4. I have considered rival contentions in detail. 5. In view of Ext.P8 select list, wherein the Government themselves have included the petitioner for promotion to the post of 'Assistant Director' for the year 2003, I need not look further to decide the question as to the eligibility of the petitioner for promotion. 6. In the above circumstances, this writ petition is disposed of with a direction to the respondents, to give the petitioner the benefits of promotion as per Ext.P8 select list, if a vacancy to accommodate the petitioner was available in the year 2003 and disburse the monetary benefits arising therefrom to the petitioner. Retirement benefits of the petitioner shall also be recomputed accordingly. The above process shall be completed as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. S.SIRI JAGAN JUDGE DMB