IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 9897 of 2009(F) ------------------------------------- PETITIONERS: --------------------- 1. M.ANNALAKSHMI, U.D.CLERK, P.W.D. (BUILDINGS) SUB DIVISION, CIVIL STATION, PALAKKAD. 2. THANKA RAJ.R., U.D.CLERK, P.W.D. (BUILDINGS) SUB DIVISION, NEYYATTINKARA. 3. SUNNY THOMAS, U.D.CLERK, P.W.D.ROADS SECTION, ERATTUPETTA. 4. P.A.DILEEPKUMAR, U.D.CLERK, P.W.D.ROADS DIVISION, KOTTAYAM. BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADVS. MR.P.K.MANOJKUMAR, SMT.SUSHYA RAJAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, P.W.D. & TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, OFFICE OF THE CHIEF ENGINEER, THIRUVANANTHAPURAM. W.P.(C). NO.9897/2009-F: 3. THE SENIOR ADMINISTRATIVE OFFICER, OFFICE OF THE CHIEF ENGINEER, P.W.D. & ADMINISTRATION, PUBLIC OFFICES BUILDING, THIRUVANANTHAPURAM. 4. SAILAJA.N, U.D.CLERK, P.W.D. ELECTRICAL SUB DIVISION, THALASSERY. R1 TO R3 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN, R4 BY ADV. MR.CIBI THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9897/2009-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE NO. 927/84 DTD. 29/05/1984 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.1. EXT.P.2: COPY OF THE CERTIFICATE NO. 7033/88 DTD. 17/07/1988 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS TO THE P.1. EXT.P.3: COPY OF THE CERTIFICATE NO. 7034/88 DTD. 19/07/1988 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.1. EXT.P.4: COPY OF THE ORDER DTD. 02/10/2003 ALONG WITH THE APPENDIX SHOWING THE NAME OF THE P.1. ORDER NO. ED1-35666/2003 DTD. 02/10/2003. EXT.P.5: COPY OF THE CERTIFICATE NO. 6150/84 DTD. 09/01/1985 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.2. EXT.P.6: COPY OF THE CERTIFICATE NO. 8064/88 DTD. 20/07/1988 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.2. EXT.P.7: COPY OF THE CERTIFICATE NO.8063/88 DTD. 20/07/1988 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TEST, TO THE P.2. EXT.P.8: COPY OF THE CERTIFICATE NO.2386/88 DTD. 16/04/1988 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.3. EXT.P.9: COPY OF THE CERTIFICATE NO.5798/90 DTD. 19/04/1990 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.3. EXT.P.10: COPY OF THE CERTIFICATE NO. 13619/90 DTD. 06/11/1990 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.4. EXT.P.11: COPY OF THE CERTIFICATE NO. 13618/90 DTD. 06/11/1990 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.4. EXT.P.12: COPY OF THE CERTIFICATE NO. 13617/90 DTD. 06/11/1990 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DEPARTMENTAL TESTS, TO THE P.4. EXT.P.13: COPY OF THE ORDER DTD. 08/10/2007 NO. ED1-35666/2003 ISSUED BY THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM. EXT.P.14: COPY OF THE ORDER DTD. 25/02/2008 NO.ED1-35666/03, ISSUED BY THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM. EXT.P.15: COPY OF THE REPRESENTATION DTD. 12/07/2004 SUBMITTED BY THE P.2. TO THE CHIEF ENGINEER, PWD ADMINISTRATION, TRIVANDRUM. W.P.(C). NO.9897/2009-F: EXT.P.16: COPY OF THE REPRESENTATION DTD. 05/07/2007 SUBMITTED BY THE P.2. TO THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, TRIVANDRUM. EXT.P.17: COPY OF THE REPRESENTATION DTD. 10/07/2008 SUBMITTED BY THE P.2. TO THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, TRIVANDRUM. EXT.P.17.A: COPY OF THE LETTER OF THE ASSISTANT EXECUTIVE ENGINEER FORWARDING EXHIBIT.P.17 TO THE R.2. NO.A2/429/04 DTD. 14/07/2008. EXT.P.18: COPY OF THE REPRESENTATION DTD. 12/11/2008 SUBMITTED BY THE P.2. TO THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, TRIVANDRUM. EXT.P.19: COPY OF THE REPRESENTATION DTD. 24/03/2008 SUBMITTED BY THE P.1. TO THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, TRIVANDRUM. EXT.P.20: COPY OF THE REPRESENTATION DTD. 23/05/2008 SUBMITTED BY THE P.3. TO THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, TRIVANDRUM. EXT.P.21: COPY OF THE REPRESENTATION DTD. 20/06/2008 SUBMITTED BY THE P.4. TO THE CHIEF ENGINEER, PWD ADMINISTRATION, TRIVANDRUM. EXT.P.22: COPY OF THE COMMUNICATION NO. ED1-4832/08 DTD. 20/02/2009 ISSUED BY THE ADMINISTRATIVE OFFICER, TO THE HEAD OF OFFICES CONCERNED. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9897 OF 2009 (F) -------------------------------------------------- Dated this the 23rd day of October, 2009 J U D G M E N T Petitioners are UD clerks in the P.W.D. In this writ petition, what they claim is that their promotions were delayed and that the promotions ought to have been given effective from the date of occurrence of vacancies. It is stated that several representations evidenced by Exts.P16,P19,P20 and P21 were submitted urging this claim. Finally, by Ext.P22 order the claim was rejected. It was thereupon that this writ petition is filed. 2. Two grounds are urged by the learned Sr. Counsel for the petitioners. According to the petitioners similarly situated employees, had also urged their claim for retrospective promotion and that when that was not considered, they had approached this court by filing writ petitions which were disposed of directing consideration of their representations. According to the petitioners, in pursuance to the directions thus issued, the matter was reconsidered and the Chief Engineer issued Ext.P14 order dated 25.2.2008, giving promotions with retrospective effect. It is stated that the case of the petitioner is identical in nature and WPC.No.9897/09 :2 : there is absolutely no reason to take a view different from what has taken in Ext.P4. The other contention that is urged is that although representations were made, those representations were rejected without putting the petitioners on notice. On this basis, it is contended that Ext.P22 order is also violative of the principles of natural justice. 3. A counter affidavit ha been filed by respondents 1 and 2. In so far as Ext.P14 is concerned, it is stated that the same was passed in compliance with the order of this court. There is nothing forthcoming from the counter affidavit why a different view has been taken in the case of the petitioners. If that be so, their claim ought to be considered on merits. 4. Having regard to the above facts, the matter needs to be reconsidered. Therefore I quash Ext.P22 and direct the 2nd respondent to reconsider the claim of the petitioners with notice to them and pass fresh orders in the matter giving due regard to Ext.P14 referred to above, as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.9897/09 :3 :