IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26606 of 2011(A) -------------------------- PETITIONER: --------------- SASIDHARAN P.N., LD CLERK, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.R.SREEDHARAN NAIR SMT.MEENA.E.K RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM,PIN 695 001.. BY GOVT.PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26606/11 PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE G.O.(P)NO.622/03/FIN. DATED 26.11.2003 EXT.P2: TRUE COPY OF THE JUDGMENT DATED 1.3.2010 IN WA NO.1308/2008 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 9.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:NIL /True Copy/ PA to Judge dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26606 of 2011 -------------------------------------------------- DATED THIS THE 11th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner herein is a re-employed Ex-service man who is presently working under the Director of Technical Education. The petitioner was discharged from the Indian Air Force. The grievance raised herein is regarding the non grant of higher grade after reckoning the Military service. Various particulars have been produced in the Writ Petition in support of the above plea. 2. The petitioner is also relying upon the judgment of a Division Bench of this Court, Exhibit P2. Exhibit P3 is the representation submitted by the petitioner before the 2nd respondent dated 9.11.2010. It is submitted by the learned counsel for the petitioner that so far no decision has been communicated to the petitioner on Exhibit P3. 3. There will be a direction to the 2nd respondent to take a decision on Exhibit P3 representation in accordance with law, after notice to the petitioner. The petitioner is also relying on the W.P.(C)No.26606/11 -2- decision reported in State of Kerala v. Philomina (2008(1) KLT 666). 4. It is upto the petitioner to produce additional materials as well as copies of the decision relied upon before the 2nd respondent. Appropriate decision will be taken by the 2nd respondent within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 2nd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn