IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 29020 of 2007(D) -------------------------- PETITIONER ------------------ K.K.RAJAN, SENIOR CO-OPERATIVE INSPECTOR (FISHERIES)/FISHERIES DEVELOPMENT OFFICER(RETIRED) VADAKARA, KOZHIKODE DISTRICT, RESIDING AT 'PRASANTHI', KANNOOKKARA P.O., VADAKARA, KOZHIKODE. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): ----------------------- 1. THE DIRECTOR OF FISHERIES, TRIVANDRUM. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVT. FISHERIES DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29020 of 2007(D) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF ORDER NO.A1.20568/78 DATED 22.8.1978 ISSUED BY THE 1ST RESPONDENT. EXT.P2. COPY OF JUDGMENT DATED 6.6.06 IN WP(C) 25857/03 OF THIS HON'BLE COURT. EXT.P3. COPY OF APPLICATION ALONG WITH COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.09.06. EXT.P4. COPY OF JUDGMENT DTED 8.12.06 IN WP(C) NO.32720/06 OF THIS HON'BLE COURT. EXT.P5. COPY OF ORDER NO.A2-704/2007 DATED 7.2.07 ISSUED BY THE 1ST RESPONDENT. EXT.P6. COPY OF JUDGMENT DATED 24.7.07 IN WA 1502/06 AND CONNECTED CASES OF THIS HO'BLE COURT. RESPONDENT'S EXHIBIT'S : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.29020 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011 J U D G M E N T The petitioner was originally appointed as a Lower Division Clerk in the ministerial wing of the Fisheries Department. Subsequently he was appointed by transfer as Sub Inspector of Fisheries on provisional basis as per Ext.P1. The petitioner was given subsequent promotions which were also made provisional. The petitioner sought reversion to the ministerial wing under Rule 8 of Part II of KS & SSR. When his application was not considered, the petitioner approached this court and obtained Ext.P4 judgment in W.P. (C) No.32720/2006 for consideration of his request. By Ext.P4 judgment, this court directed the 1st respondent to consider the petitioner's request. Pursuant to the same, Ext.P5 order has been passed, the operative portion of which reads as follows: “According to the rule those who acted and completed probation in the post of Junior Superintendent can only be considered for promotion as Senior Superintendent even if he is working in the co-operative wing of the department. Sri. K.K. Rajan the petitioner has not acted as junior Superintendent, Head Clerk or UDC and from the very beginning itself he opted promotion to the executive wing and subsequently to the co-operative wing of the department and accepted various promotions as stated above.” W.P.(C)No.29020 of 2007 -2- 2. The petitioner's contention is that, what has been considered in Ext.P5 is not the petitioner's claim. The petitioner's claim is for reversion to the Ministerial Wing. What has been considered in Ext.P5 is some other question regarding promotion as Senior Superintendent which was not the issue involved. 3. The learned Government Pleader with the help of a counter affidavit would contend that in view of Note 2 of Rule 8 of Part II of KS & SSR since the reversion sought for is from one post to another post in the same service, the petitioner is not entitled to the reliefs prayed for. 4. I have considered the rival contentions in detail. This Court has specifically directed the 1st respondent to consider the petitioner's claim for reversion to the Ministerial Wing. Ext.P5 does not consider that question at all. Therefore Ext.P5 has not been in accordance with Ext.P4 judgment. Further, it is submitted that in other cases similar reversion has been allowed to other employees. In fact I am considering another case regarding W.P.(C)No.29020 of 2007 -3- the claim of another employee on the question of benefits after reversion in respect of a similarly placed employee in W.P. (C) No.31962/2007. Accordingly Ext.P5 is quashed. The 1st respondent is directed to reconsider the matter after affording an opportunity of being heard to the petitioner. While doing so, the 1st respondent shall consider the applicability of the decisions in Balakrishnan Nair v. Ram Mohan Nair [1998 (1) KLT 766 (F.B.)], Ali v. State of Kerala [2003 (2) KLT 922 (SC)] & Saifuddin v. State of Kerala [2006 (3) KLT 873]. The same shall be done as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In case, the 1st respondent decides to give the benefit of reversion, consequential benefits shall also be granted, which shall be done within a further period of two months therefrom. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/