IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 71 of 2006(H) ----------------------- PETITIONER(S): -------------------- K. JAGADEESH PRASAD, S/O.K.RAMACHANDRAN,SECOND GRADE EXECUTIVE OFFICER, MANNAMPURATHKAVU, NEELESWAR, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): -------------------------- 1. SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE. 3. ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, TELLICHERRY. R1 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH R2, 3 SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 71 of 2006(H) --------------------------------- APPENDIX --------------- PETITINER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 17.1.02. EXT.P2. COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 28.10.2004. EXT.P3. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DT. 28.3.05. EXT.P4. COPY OF THE ORDER OF THE 1ST RESPONDENT DT. 27.12.01. EXT.P5. COPY OF THE JUDGMET OF THIS HON'BLE COURT IN WPC 30236/05 DATED 27.10.2004. EXT.P6. COPY OF THE GOVERNMENT ORDER DATED 13.12.2005. EXT.P7. COPY OF THE SENIORITY LIST. EXT.P8. COPY OF THE ORDER ISSUED BY THE DEPUTY COMMISSIONER, HR & CE DEPARTMENT DT. 11.9.2006. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 71 of 2006 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of July, 2011. J U D G M E N T The petitioner is presently working as a Second Grade Executive Officer under the Hindu Religious and Charitable Endowment Department. According to the petitioner, he is the only second grade Executive Officer who possesses all the qualifications for appointment as First Grade Executive Officer. According to the petitioner, a seniority list has been published in the year 2002 preparing a panel for appointment as First Grade Executive Officer, in which the petitioner was the only qualified Second Grade Executive Officer. The petitioner staked a claim for promotion. This Court by Ext.P5 judgment, directed the Government to consider the same. By Ext.P6 order, the Government rejected the claim on the ground that the petitioner has not objected to the panel prepared for the year 2002 and therefore the petitioner is not entitled to promotion. The petitioner has now produced Ext.P7, which is the panel prepared in 2002. According to the petitioner, there is no question of the petitioner challenging the panel since he is the only Second Grade Executive Officer included therein. 2. The 2nd respondent has filed a counter affidavit in support of Ext.P6. 3. I have heard the parties. 4. In Ext.P6, the only reason mentioned by the Government to reject the claim of the petitioner for promotion as First Grade Executive Officer is that the petitioner did not file any objection W.P(C) No. 71 of 2006 -: 2 :- to the panel for the year 2002. From Ext.P7, I see that the petitioner is the only Second Grade Executive Officer included in the panel. As such, there is no question of the petitioner challenging that panel. Clearly, Ext.P6 has been passed without looking into the records, particularly the panel prepared in 2002. Therefore, Ext.P6 is clearly unsustainable. Accordingly, Ext.P6 is quashed. The respondents are directed to give promotion to the petitioner as First Grade Executive Officer. Orders in this regard shall be passed as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/