IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 28122 of 2000(W) ------------------------------------ PETITIONER(S): ----------------------- 1. OUSEPH P.O., JUNIOR SUPERINTENDENT, SIDCO, KADAVANTHARA, COCHIN- 20. 2. M.FAREED, JUNIOR SUPERINTENDENT, SIDCO, KADAVANTHARA, COCHIN - 20. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE BY ADVS.MR.A.D.SHAJAN MR.R.SATISH KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, INDUSTRIES (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. MANAGING DIRECTOR, SIDCO, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. PREMAKUMARI, SENIOR SUPERINTENDENT, INDUSTRIAL ESTATE, ETTUMANUR, KOTTAYAM. 4. JAYAPRAKASH, SENIOR SUPERINTENDENT, SIDCO, THIRUVANANTHAPURAM. 5. A.RAJAN, SENIOR SUPERINTENDENT, SIDCO, THIRUVANANTHAPURAM. 6. SOMANKUNJAN, MANAGER, SIDCO, RAW MATERIAL DIPO., CHALAI, THIRUVANANTHAPURAM. 7. S.CHANDRAMATHI AMMA, SENIOR SUPERINTENDENT, SIDCO, THIRUVANANTHAPURAM. OP. NO.28122/2000 8. KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM, REP.BY SECRETARY. BY GOVT. PLEADER MR.P.NANDAKUMAR BY ADVS. MR.VAKKOM N.VIJAYAN FOR R2 MR.M.BALAGOVINDAN FOR R3 MR.P.M.JOSEPH FOR R3 MR.K.C.PETER, SC, SIDCO FOR R2,4,5 TO 7 MR.M.A.MANHU, SC, SIDCO FOR R.2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. 47292/2000 IN OP. NO.28122/2000 DISMISSED 21.05.2009 SD/- P.N.RAVINDRAN, JUDGE TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= O.P. No. 28122 of 2000 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 21st day of May, 2009 JUDGMENT Ext.P5 order passed by the 1st respondent, whereby the services of respondents 3 to 7 were regularized, is under challenge in this Original Petition. Ext.P5 order was passed on 28-7-2000. This Original Petition was filed immediately thereafter on 3-10-2000 apprehending that by such regularization, the petitioners' rank and seniority will be adversely affected. Ext.P5 order is dated 28-7-2000. The petitioners have now retired from service. Therefore, according to me, at this distance of time, they cannot have any subsisting grievance. The Original Petition is accordingly closed as infructuous. 21st May, 2009. P.N.RAVINDRAN, JUDGE. At the request of Sri. P.Santhalingam, the learned Senior Advocate appearing for the petitioners, the Original Petition was posted today for being spoken to. I heard the learned counsel appearing for the petitioners and also the learned counsel appearing for the respondents. 2. Ext.P5 order passed by the 1st respondent, whereby the services of respondents 3 to 7 were regularized, is under OP 28122/2000 -2- challenge in this Original Petition. Ext.P5 order was passed on 28-7-2000. This Original Petition was filed immediately thereafter on 3-10-2000 apprehending that by such regularization, the petitioners' rank and seniority will be adversely affected. 3. When this Original Petition was admitted, this Court did not stay the operation of Ext.P5. Therefore, Ext.P5 has taken effect. Nearly nine years have passed after Ext.P5 order was passed. The petitioners have also retired from service. Therefore, the continuance of the party respondents in service will not any longer be adverse to their interests. However, the petitioners have a grievance that by reason of Ext.P5 the party respondents became their seniors and were promoted to higher posts, earlier than the petitioners. 4. In view of the fact that the petitioners are no longer in service, I am of the opinion that this is a matter which the petitioners can bring to the notice of the competent authority among the respondents by filing an appropriate representation. If the petitioners file such a representation before the Government within one month from today, the Government shall consider the same and pass orders thereon within three months OP 28122/2000 -3- from the date on which such representation is filed, after affording the petitioners a reasonable opportunity of being heard. I make it clear that I have not in any manner interfered with Ext.P5 and that the party respondents will be entitled to all the benefits flowing therefrom. This Original petition is disposed of as above. 23rd May, 2009 P.N.RAVINDRAN, JUDGE. mn. OP 28122/2000 -4- P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=- O.P. No. 28122 of 2000 =-=-=-=-=-=-=-=-=-=-=-=-= Judgment 21st day of May, 2009