IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 24469 of 2011(G) ----------------------- PETITIONER : -------------------- S.VIJAYAKUMAR, AGED 54 YEARS, CORPORATION SECRETARY, KOLLAM CORPORATION KOLLAM, RESIDING AT THENGUVILAKIZHAKKATHIL VEEDU, PUTHOOR P.O., PUTHOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): ------------------------- 1. ADDL.CHIEF SECRETARY, LOCAL SELF GOVT.DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF LOCAL SELF GOVT.DEPT., SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM-695 001. 4. C.RADHAKRISHNA KURUP, ADDITIONAL SECRETARY, THIRUVANANTHAPURAM CORPORATION, PALAYAM P.O., THIRUVANANTHAPURAM-695 146. *ADDL. 5TH RESPONDENT IMPLEADED *5. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) LSGD DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. * IS IMPLEADED AS PER ORDER IN I.A. NO. 15836/2011 DATED 3/10/2011. R1 TO R3 BY GOVT. PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24469 of 2011(G) APPENDIX PETITIONER'S EXHIBITS : EXHIBIT P1: TRUE COPY OF THE G.O.(RT)NO.3239/2002/LSGD DATED 19/11/2002. EXHIBIT P2: TRUE COPY OF THE G.O.(RT)NO.1988/10/LSGD DATED 15/6/2010. EXHIBIT P3: TRUE COPY OF THE G.O.NO.2041/11 DATED 27/8/2011. EXHIBIT P4: TRUE COPY OF THE G.O.(MS) 295/08/LSGD DATED 6/11/2008. EXHIBIT P5: TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE OMBUDSMAN DATED 22/7/2004. EXHIBIT P6: COPY OF THE MINUTES OF D.P.C. DATED 22.8.2011. EXHIBIT P7: COPY OF THE REPRESENTATION DATED 22.09.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:24469 OF 2011 ----------------------------------------------------------- Dated this the 3rd October, 2011. JUDGMENT The petitioner is working as the Secretary, Kollam Corporation. He is due to retire on 31-3-2012. He was promoted to the post of Secretary on 1-4-2008. According to the petitioner, the fourth respondent is junior to him in the gradation list published as per the Government Order dated 19-11-2002. He is at present working as the Additional Secretary, Thiruvananthapuram Corporation. A select list dated 15-6-2010 was published for appointment to the post of Joint Director. In the said select list the fourth respondent was placed above the petitioner. The petitioner claims that he is entitled to get promotion to the post of Joint Director. There are two open vacancies in existence. The Departmental Promotion Committee (Higher) (DPC for short) was conducted on 22-8-2011. The petitioner understands that the fourth respondent has superseded him in the said DPC. The petitioner claims that the promotion should be given to him with effect from 1-7-2010 as per the earlier select list. According to him, there is no reason to supersede him and to promote the WPC 24469/2011 2 fourth respondent above him. The petitioner has submitted Ext.P7 representation before the additional fifth respondent, setting out his grievances in detail. He seeks the issue of appropriate directions for consideration of Ext.P7. 2. I have heard the learned Govt. Pleader also. 3. In view of the limited relief that is claimed, I am of the opinion that this writ petition itself can be disposed of directing the grievances of the petitioner to be considered by the additional fifth respondent. 4. This writ petition is accordingly disposed of directing the additional fifth respondent to consider the grievances of the petitioner set out in Ext.P7 representation, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment before the authority for prompt compliance. sd/-K. SURENDRA MOHAN Judge jj true copy p.s.to judge