IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 19028 of 2005(M) PETITIONER: V. SIVAN, S/O. P.VELUKUTTY NAIR, AGED 53 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), P.K.HIGH SCHOOL, MANNAPRA, ALATHUR-678 685, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN SRI.M.SAJJAD RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 5. THE MANAGER, P.K. HIGH SCHOOL, MANNAPRA, ALATHUR-678 685, PALAKKAD DISTRICT. 6. THE HEADMASTER, P.K. HIGH SCHOOL, MANNAPRA, ALATHUR-678 685, PALAKKAD DISTRICT. 7. SMT. A.JAYALAKSHMI, HIGH SCHOOL ASSISTANT, P.K. HIGH SCHOOL, MANNAPRA, ALATHUR-678 685, PALAKKAD DISTRICT. BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 19028/2005. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF REVISION PETITION DT. 6-10-1988. EXT.P2 ORDER DT. 4-1-1990. EXT.P3 EXTRACT OF SERVICE BOOK. EXT.P4 ORDER DT. 23-8-2003. EXT.P5 ORDER DT. 31-5-2004. EXT.P6 ORDER DT. 31-8-2004. EXT.P7 APPEAL DT. 18-10-2004. EXT.P8 ORDER DT. 1-12-2004. EXT.P9 ORDER DT. 8-12-2004. EXT.P10 REVISION DT. 18-12-2004. EXT.P11 JUDGMENT IN W.P.C.NO. 37239/2004. EXT.P12 ORDER DT. 7-5-2005. EXT.P13 REVISION PETITION DT. 16-5-2005. EXT.P14 COMMUNICATION DT. 8-2-2005. EXT.P15 STAFF FIXATION ORDER DT. 31-10-1985. EXT.P16 DO. DT. 28-8-1986. EXT.P17 HEARING NOTE DT. 23-4-2005. EXT.P18 COMMUNICATION DT. 27-11-1986. EXT.P19 ORDER DT. 24-6-2005. EXT.P20 ORDER DT. 1-11-1999. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 19028 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th April, 2008. J U D G M E N T The petitioner challenges Ext. P12 order whereby the 7th respondent was granted seniority above the petitioner. The contention of the petitioner is that the said order was passed on the ground that the petitioner was not able to produce Government Order dated 1-11-1989 granting the petitioner notional retrospective promotion with effect from 15-7-1986, although the 7th respondent was promoted only on 22-9-1986. The petitioner has now, along with I.A.No. 7671/2007, produced Ext. P20, which he claims is the order referred to in Ext. P12. In the above circumstances, the petitioner seeks a direction to the Government to re-consider the matter in the light of Ext. P20 order. 2. I have heard the learned Government Pleader also. Learned Government Pleader submits that all along the petitioner was not able to produce a copy of Ext. P20 order and that copy of the alleged Ext. P20 order was absent in all subordinate offices which was also not pasted in the service book of the petitioner. Therefore, according to the petitioner, the genuineness of Ext. P20 is suspect. It is up to the Government to decide the genuineness of Ext. P20 and it would not be difficult to ascertain at least whether such an order was issued with the number assigned to the order. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to re-consider the matter. The petitioner may produce Ext. P20 before the Government and it would be open to the Government to consider the genuineness of the same. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/