IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 32859 of 2007(J) -------------------------- PETITIONERS: --------------- 1. K.P.HARIPRASAD, FIRST GRADE DRAFTSMAN, P.W.D. ROADS DIVISION, PALAKKAD-678 001. 2. T.G.SATHEESH BABU, SECOND GRADE DRAFTSMAN, P.W.D. ROADS DIVISION, THRISSUR-20. BY ADV. DR.K.P.SATHEESAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 3. THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM-695 033. BY GOVERNMENT PLEADER, SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 32859/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE RELEVANT PAGES(PAGES 1 & 188) OF THE GOVERNMENT ORDER DATED 25.3.06. EXT.P2 : TRUE COPY OF THE RELEVANT PAGES (PAGES 1,25 & 26) OF THE GOVERNMENT ORDER DATED 25.3.06. EXT.P3 : TRUE COPY OF THE ORDER DATED 6.9.07 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : TRUE COPY OF THE ORDER DATED 16.8.07 ISSUED BY THE 2ND RESPONDENT. EXT.P5 : TRUE COPY OF THE REPRESENTATION FILED BY THE GENERAL SECRETARY OF THE PETITIONERS' ASSOCIATION BEFORE THE 3RD RESPONDENT DATED 26.09.07. EXT.P6 : TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 24.02.07. EXT.P7 : TRUE COPY OF THE ORDER DATED 02.12.06 ISSUED BY THE DEPUTY CHIEF ENGINEER(ADMINISTRATION). EXT.P8 : TRUE COPY OF THE ORDER DATED 14.01.08 ISSUED BY THE CHIEF TOWN PLANNER. EXT.P9 : TRUE COPY OF THE ORDER DATED 13.12.06 ISSUED BY THE CHIEF ENGINEER, PWD ADMINISTRATION. EXT.P10 : TRUE COPY OF THE ORDER DATED 07.05.08. EXT.P11 : TRUE COPY OF THE ORDER DATED 14.05.08. EXT.P12 : TRUE COPY OF THE ORDER DATED 15.05.08. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF THE FOOT NOTE OF PAGE 189 OF THE GOVERNMENT ORDER DATED 25.03.06. EXT.R1(B) : TRUE COPY OF THE GOVERNMENT ORDER DATED 29.11.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 32859 OF 2007 ------------------------------------------------- Dated this the 15th day of June, 2009 JUDGMENT The petitioners are Government employees. They are aggrieved by the stipulation in the pay revision orders that, for the purpose of granting time bound higher grade promotion also clearance from the Departmental Promotion Committee(DPC) is necessary. Petitioners have therefore filed this writ petition seeking the following reliefs: “i. to issue a writ of mandamus or order or direction to the 3rd respondent to grant time bound higher grade to the Overseers without insisting for approval of DPC as provided under Ext.P2; ii. to issue a writ of mandamus or order or direction to respondents 1 to 3 to see that time bound higher grades are granted to the employees depending on their number of years of service and subject to the conditions stipulated in Clause 6 of Ext.P2; iii. to issue a writ of mandamus or order or direction to the respondents to fix the scale of pay of the employees in the category of Overseers as provided under Ext.P2 GO as expeditiously as possible, at any rate within a time limit that may be fixed by this Hon'ble Court; iv. to issue a writ of mandamus or order or direction to the 3rd respondent to revise Exts.P3 and P4 pay fixation orders of the WPC : 32859/07 -:2:- petitioners and to pass fresh orders fixing the pay of the petitioners as that of the scale of pay of Assistant Engineers;” 2. During the pendency of the writ petition, the Government themselves passed GO(P) No.572/07/(83)/FIN dated 29.11.07, as per Clause 2 of which the stipulation in paragraphs 3 and 6 of Annexure III pay revision order dated 25.03.06 insisting on the approval of DPC for time bound higher grade promotions stand withdrawn. That being so, the petitioners' grievance has been redressed, and therefore, this writ petition has become infructuous. However, petitioners submit that they are persons similarly situated like the petitioner in WP(C)No. 23518 of 2008 in which this court had granted certain benefits regarding option for time bound higher grade promotion, and therefore similar reliefs may be granted to them. Insofar as the petitioners have not raised that contention in this writ petition, I am of opinion that the petitioners should take up the matter appropriately with the respondents relying on the above said decision. Accordingly, without prejudice to that right, this writ petition is closed. S. SIRI JAGAN, JUDGE ttb WPC : 32859/07 -:3:-