IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31562 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ 1. RAMADASAN ACHARI.P., SENIOR SUPERINTENDENT, ASSISTANT EDUCATION OFFICE, CHATHANOOR, KOLLAM DISTRICT. 2. P.M.KHAMARBAN, SENIOR SUPERINTENDENT, ASSISTANT EDUCATION OFFICE, KOLENCHERY, ERNAKULAM DISTRICT. 3. ABDUL SAMAD.C.P., SENIOR SUPERINTENDENT, ASSISTANT EDUCATION OFFICE, MALAPPURAM, MALAPPURAM DISTRICT. BY ADVS. SRI.O.D.SIVADAS, SRI.S.SHAJI. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THE DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31562/2011 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.ST2/68213/06/DPI DTD. 15/11/2006 BY THE DPI. P2: COPY OF THE JUDGMENT IN CIVIL APPEAL NO.3592 OF 2011 DTD.25/4/2011 BY THE HON'BLE SUPREME COURT OF INDIA. P3: COPIES OF THE ORDER NO.C5/31200/11/DPI DTD. 23/08/2011 BY THE DPI. P4: COPY OF REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DTD. 27/09/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:31562 OF 2011 ----------------------------------------------------------- Dated this the 25th November, 2011. JUDGMENT The petitioners entered service as Lower Division Clerks in the General Education Department. The petitioners were eligible to be promoted from the year 1986 onwards, in accordance with the stipulations in Rule 28(bbb) of Kerala State and Subordinate Service Rules (KS & SSR for short). However, they were granted promotion only with effect from various dates in 1989, 1990 and 1991. The petitioners are aggrieved by the fact that though they had acquired the test qualification in 1986 they were promoted only long thereafter. According to the petitioners, other juniors had obtained notional promotion on the basis of favourable orders passed by the respondents in their favour. Though the petitioners have filed Ext.P4 representation which is pending before the first respondent, the same has not been considered till date. The petitioners therefore seek the issue of appropriate directions for consideration of Ext.P4. WPC 31562/2011 2 2. In view of the limited relief that is claimed, I am of the opinion that this writ petition can be disposed of at the admission stage itself. 3. This writ petition is accordingly disposed of directing the first respondent to consider the claims of the petitioners set out in their representation evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31562/2011 3