IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 4707 of 2004(I) ------------------------------------ PETITIONER: ------------------- DR.P.RAMESH BABU, S/O. LATE P.NARAYANAN NAIR, AGED 54, DEPUTY DIRECTOR OF HEALTH SERVICES (DENTAL) (RETIRED), `PRANAM', TALAP, YOGASALA ROAD, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. ADDITIONAL SECRETARY, HEALTH & FAMILY WELFARE (A) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E), INDIAN AUDIT & ACCOUNTS DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. SHYSON P. MANKUZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4707/2004-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE DIRECTOR OF HEALTH SERVICES DTD. 20/11/92 GRANTING TIME BOUND PROMOTION TO THE PETITIONER AS GRADE II. EXT.P.2: COPY OF THE ORDER OF THE DIRECTOR OF HEALTH SERVICES PROMOTING THE PETITIONER TO THE CADRE OF DENTAL CIVIL SURGEON GRADE I ON A REVISED SCALE OF PAY RS.2470 - RS.3675 DTD. 22/06/94. EXT.P.3: COPY OF THE ORDER OF THE GOVT. DTD. 21/01/97. EXT.P.4: COPY OF THE ORDER OF THE GOVT. DTD. 09/04/97. EXT.P.5: COPY OF THE ORDER OF THE GOVT. DTD. 02/12/2000. EXT.P.6: COPY OF THE COMMUNICATION DTD. 20/12/00 ISSUED BY THE SENIOR ACCOUNTS OFFICER. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ACCOUNTANT GENERAL DTD. NIL. EXT.P.8: COPY OF THE NOTICE DTD. 19/11/02 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.9: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 11/12/02. EXT.P.10: COPY OF THE ORDER OF THE GOVT. DTD. 07/01/03. EXT.P.11: COPY OF THE RELIEVING ORDER OF THE PETITIONER DTD. 05/02/03. EXT.P.12: COPY OF THE COMMUNICATION DTD. 13/02/03 ISSUED BY THE SENIOR ACCOUNTS OFFICER. EXT.P.13: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 21/02/03 BEFORE THE R.1. EXT.P.14: COPY OF THE JUDGMENTS OF THIS HONOURABLE COURT IN O.P. 12934/03 DTD. 10/04/2003. EXT.P.15: COPY OF THE NOTICE DTD. 17/11/03 DIRECTING THE PETITIONER TO APPEAR FOR HEARING ON 28/11/03. EXT.P.16: COPY OF THE REPRESENTATION DTD. 28/11/03 SUBMITTED BEFORE THE ADDL. SECRETARY AT THE TIME OF HEARING. EXT.P.17: COPY OF THE ORDER OF THE R.1. THROUGH THE ADDL. SECRETARY TO THE GOVT. DTD. 15/10/03 SENT ON 18/12/03 AND RECEIVED ON 19/12/03. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 4707 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Ext.P17 order passed by the first respondent is under challenge. The issue pertains to the claim made by the petitioner for a second higher grade. Though several grounds are taken, one of the main contentions is that though the petitioner appeared for hearing on 28-11-2003, the impugned order is seen passed on 15-10-2003. This aspect was not seen adverted to in the counter affidavit. Therefore, I quash Ext.P17. There will be a direction to the first respondent to consider the matter afresh with notice to the petitioner and pass a considered order adverting to the contentions taken by the petitioner within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.4707 of 2004 ----------------------------------- JUDGMENT 10th November, 2008