IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8611 of 2008(A) ------------------------------------- PETITIONER: ----------------- FAIZAL K., KRASCENT VIEW, CHOOLUR, NIT, KOZHIKODE. BY ADV. SMT.K.P.GEETHA MANI SRI.MANSOOR.B.H. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT (IA) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PROJECT DIRECTOR, KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT, THIRUVANANTHAPURAM. 3. THE PROJECT MANAGER, KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT, KOZHIKODE CORPORATION. 4. K.K.OTHENAN, OM NIVAS, 27/1044 -C, KUTHIRAVATTOM P.O., CALICUT - 16. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.8611 of 2008 -------------------------- Dated this the 17th March, 2008 J U D G M E N T Petitioner is an Engineering graduate. He aspires for an employment in Public Sector. Exhibit P1 notification was issued by the 2nd respondent for appointment to the post of Technical Officer (Water Supply & Sewerage) in the Kerala Sustainable Urban Development Project. Petitioner applied for the said post and interview was conducted on 15.1.2008. After the interview, the Project Manager, has published a rank list of candidates. Apparently, petitioner is the 2nd rank holder therein, rank no.1 is the 4th respondent who is aged 66 years of age and he is a retired Government Servant. Petitioner challenges inclusion of the 4th respondent in Exhibit P2 rank list and Exhibit P4 order of sanction issued by the Government permitting the appointment of the 4th respondent, though he is an over aged candidate. Petitioner submits that this is in contravention of Exhibit P3 order passed by the Government. He has brought this to the notice of the Government under Exhibit W.P ( C) No.8611 of 2008 2 P5 representation. 2. On instruction, learned Government Pleader submits that the 4th respondent has not taken charge as Technical Officer (Water Supply & Sewerage)) as on this date. Submission is recorded. I am of the view that petitioner's objection under Exhibit P5 should be looked into by the Government. It merits consideration in the light of Exhibit P3. In the circumstances, the writ petition is disposed of directing the 1st respondent to look into Exhibit P5 and take a decision thereon, at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Petitioner shall immediately produce a copy of the writ petition along with a copy of the judgment before the 1st respondent , at any rate, on or before 25.3.2008. Government shall hear the petitioner and 4th respondent before a decision is taken. Status quo shall be maintained till a decision is taken by the 1st respondent in this regard. (V.GIRI, JUDGE) ma W.P ( C) No.8611 of 2008 3 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No.8611 of 2008 4 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.