IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35701 of 2008(A) ----------------------------------------- PETITIONER(S): ---------------------- V.C.JOHNSON, U.D.CLERK, P.W.D. I & P (Q.C) SUB DIVISION, CIVIL STATION KOZHIKODE-20. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER P.W.D. (ADMINISTRATION) THIRUVANANATHAPURAM. 3. INDIRA.O., U.D.CLERK P.W.D. BUILDING SUB DIVISION,THRISSUR. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:35701 of 2008 ----------------------------- Dated this 3rd day of December, 2008 JUDGMENT Heard Sri.M.V.Bose, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is presently working as Upper Division Clerk in the Public Works Department. He entered service as Lower Division Clerk on 26-11-1978. After he passed all departmental tests he was promoted as Upper Division Clerk on 1-4-2001. The petitioners grievance is that though he has served for a period of 27 years he is still working as U.D.Clerk. The petitioner submits that he is entitled to be promoted as Head Clerk and to other higher posts by virtue of his seniority. The petitioner is also aggrieved by the fact that in Exts.P2, P5 and P7 seniority lists, his name has not been included in spite of repeated requests. He has filed Ext.P8 representation dated 25-8-2008 before the Secretary to Government, Public Works Department setting out these grievances. In this writ petition, the petitioner prays for a writ in the nature of mandamus commanding the respondents to include him in Exts.P2, P5 and P7 lists and promote him to the higher post of Head Clerk from the date on which his juniors named in Ext.P1 were WPC:35701 OF 2008 2 promoted. 3. When the writ petition came for hearing today the learned counsel appearing for the petitioner submitted that leaving open the petitioners contentions on the merits, the Secretary to Government, Public Works Department may be directed to consider Ext.P8 representation and pass orders thereon after affording the petitioner an opportunity of being heard. 4. The petitioner’s grievance appears to be that notwithstanding his seniority, he has not been promoted to the post of Head clerk and that he has not also been included in Exts.P2, P5 and P7 seniority lists. The petitioner has in Ext.P8 representation addressed to the Secretary to Government, Public Works Department set out his grievances and requested the Secretary to Government to restore his rank and seniority and to promote him to the higher post of Head Clerk. The question whether the petitioner's seniority was rightly determined by the Chief Engineer, is primarily a matter for the Secretary to Government to decide. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Public Works Department to consider the request made by the petitioner in Ext.P8 and pass orders thereon after affording him and the third respondent an opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment. If the claim made by the WPC:35701 OF 2008 3 petitioner in Ext.P8 is accepted, he shall be given all consequential benefits with effect from the date on which his juniors were promoted to the higher categories of Upper Division Clerk and Head Clerk. P.N.RAVINDRAN, JUDGE bps