IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 17484 of 2008(F) -------------------------- PETITIONER(S): ------------------------ M.G. SIVAN, SPECIAL VILLAGE OFFICER, UDUMBANNOOR VILLAGE, IDUKKI DISTRICT. BY ADVS. SMT.K.S.SAIRA MR.A.ANILKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 17484 of 2008 --------------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner is an Upper Division Clerk under the Land Revenue Department and he is presently working as the Special Village Officer at Udumbannoor Village in Idukki District. The main relief sought for in the Writ Petition is for a direction to the respondents to consider the claim of the petitioner for appointment by recruitment by transfer to the post of Deputy Tahsildar in the light of Ext.P1 judgment. 2. The petitioner is member of a Scheduled Caste. He commenced his career under the Department as a Lower Division Clerk on 1.8.1988 and his probation was declared on 8.9.1991. He got promoted as Upper Division Clerk on 3.2.2004. According to him, he was not given the benefit of Rule 13A of the KS&SSR, 1958 at the right point of time, even though he had been submitting representations and were not being considered also. Ext.P2 is one of the representation submitted by him before the Land Revenue Commissioner way back on 5.5.2008. He was not promoted for not passing the tests prescribed as qualification. wpc: 17484 of 2008 2 2. Along with I.A.No.3361 of 2009 the petitioner has produced Ext.P3 representation dated 23.6.2008 wherein the entitlement of the petitioner for promotion has been stated in detail. The petitioner's main complaint is that he was overlooked the matter of promotion to the post of UD Clerk and was denied the benefits in terms of Rule 13A of the KS&SSR, 1958 at the appropriate time. Since Exts.P2 and P3 are pending before the Land Revenue Commissioner, the Writ Petition is disposed of directing the second respondent to take a decision on Exts.P2 and P3 within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner and any other affected persons. T.R.RAMACHANDRAN NAIR, JUDGE bps