IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WA.No. 1994 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.1313/2009 Dated 15/06/2009 .................... APPELLANT(S)/PETITIONER: -------------- P.K.SADANANDAN, (REVENUE INSPECTOR (RETD.) KOZHIKODE CORPORATION), `NIRMALYAM', EDAKKULAM P.O., CHENGOTTUKAVU, KOYILANDY-673 306. BY ADVS. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.KAYALATT KUTTYKRISHNAN RESPONDENT(S)/RESPONDENTS: --------------- 1. THE SECRETARY, KOZHIKODE CORPORATION CORPORATION OFFICE, KOZHIKODE-673 032. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI. K.D. BABU SC, KOZHIKODE CORPORATION-R1 SR. GOVT. PLEADER SRI. BENNY GERVASIS - R2, R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1994 OF 2009 --------------------------------------------- Dated this the 29th day of September, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. The Writ Petition was filed mainly with the following prayers: b) issue a writ of certiorari or other appropriate writ, order or direction, commanding the 2nd and 3rd respondents to dispose of Exts.P7, P11, P12 and P18 within a time frame. c) to issue a writ of mandamus or other appropriate writ, order or direction, commanding the 2nd respondent to fix the seniority of the petitioner in the light of Ext.P6 Government Order and give all the due promotions and other service benefits with retrospective effect. d) to issue a writ of certiorari or other appropriate writ or order for correction of Ext.P16 order based on Exts.P8, P9 and P10 Government Orders, reckoning service rendered in other departments for the purpose of pensionary benefits. The learned Single Judge disposed of the Writ Petition directing the Government to dispose of Ext.P18 with notice to the petitioner, taking W.A. NO. 1994/2009 2 note of the proviso and the Note to Rule 20 of Part III of the Kerala Service Rules. 2. Before us, the learned counsel for the appellant would submit that the learned Single Judge has not dealt with the case of the petitioner in the light of prayer (c) in the matter of fixation of seniority and consequential promotions. The appellant has already retired from service. The prayer is for a writ of mandamus. Hence, it is for the appellant/petitioner to bring these aspects also to the notice of the Government. Therefore, we dispose of the appeal, making it clear that in respect of the grievance, not fully reflected in Ext.P18, it will be open to the appellant/petitioner to file a supplementary representation. If such a supplementary representation is filed within two weeks from today, the same also will be considered along with Ext.P18. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1994/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.1994/2009 JUDGMENT 29th September, 2009 W.A. NO. 1994/2009 4