IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35440 of 2009(Y) -------------------------- PETITIONER(S): --------------- SHAJIL RAJ P.N., S/O.P.K.NEELAMBRAN POYYAKULATH HOUSE, MULAVUKAD DESOM & VILLAGE ERNAKULAM DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF IRRIGATION THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CENTRAL CIRCLE, ERNAKULAM. 3. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION KATTAPANA, IDUKKI DISTRICT. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION IDUKKI. Govt. pleader Smt. Anu Sivaraman SC FOR PSC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35440 OF 2009 (y) -------------------------------------------------- Dated this the 14th day of December, 2009 J U D G M E N T Petitioner is an LDC working in the Kuzhupilly Grama Panchayat. By Ext.P1 he was appointed for collection of data in coastal areas in connection with creation of National Population Register(NPR). While the petitioner discharging such duties, he was advised for appointment in the Irrigation Department and by Ext.P2 proceedings petitioner was allotted to Minor Irrigation Division for necessary reposting in the existing vacancy. Subsequently by Ext.P3, he was reposted to Kumily. His joining time was up to 30.10.2009. As the petitioner was continuing work in the coastal Districts, he submitted application dated 31.10.2009 to the second respondent requesting for extension of time. That application was rejected by Ext.P4 stating that the reasons stated by the petitioner are not acceptable. It is thereupon that this writ petition has been filed by the petitioner. Petitioner also says that in the meanwhile he had made Exts.P5 and P6 representations. WPC.No.35440 /09 :2 : 2. Government Pleader has obtained instructions in the matter. According to the Government Pleader, petitioner sought extension of time after the expiry of the maximum period allowed for joining duty and now that the period has expired, only the first respondent can enlarge the time for joining the post. 3. If as stated by the Government Pleader, the authority competent to pass orders dealing with the case of this nature is the first respondent, obviously it is for the petitioner to move such authority. Nothing has been placed on record to indicate that the petitioner has moved the first respondent. In such circumstances I cannot find fault with Ext.P4 order passed by the 2nd respondent, although the reason stated may not be appealing. 4. Having regard to the above, I dispose of this writ petition directing that within one week from today, it will be open to the petitioner to make an application to the first respondent for extension of time for joining to the pot in pursuance to Exts.P2 and P3. If within the aforesaid period an application is made the first respondent shall consider the same and pass orders thereon as expeditiously as possible and at any rate within 4 weeks from the date of receipt of a copy of this judgment along with the WPC.No.35440 /09 :3 : request. Petitioner shall produce a copy of the judgment along with a copy of this writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.35440 /09 :4 :