IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 30902 of 2010(K) --------------------------------- PETITIONER(S): ------------------- K.M.BAVA, S/O.K.B.MOHAMMED, AGED 56 YEARS, TECHNICIAN, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.(MILMA), ERNAKULAM DAIRY, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, TRIVANDRUM- 695 001. 3. THE MANAGING DIRECTOR, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. (MILMA), ERNAKULAM DAIRY, EDAPPALLY- 682 024, ERNAKULAM DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.30902 of 2010 ---------------------------- Dated 8th October, 2010 JUDGMENT The petitioner is working as Dairy Plant Technician in Ernakulam Regional Co-operative Milk Producers Union Ltd., Milma, Ernakulam Dairy, Tripunithura. The grievance of the petitioner pertains to the refusal to grant higher grades pursuant to the new promotion policy evolved on 14.7.2007. Pursuant to the introduction of the said policy, the petitioner has submitted Ext.P4 representation before the second respondent. The prayer of the petitioner made as per Ext.P4 is to grant the 2nd time bound higher grade to the petitioner on completion of 15 years with effect from 1.5.1995 in the scale of pay attached to the post of Technician Special Grade, to grant the 3rd time bound higher grade on completion of 21 years with effect from 1.5.2001 in the scale of pay attached to the post of Technical Superintendent and also the 4th time bound higher grade on completion of 27 years with effect from 1.5.2007 in the scale of pay of Technical Officer. The contention of the petitioner is that the second respondent is having authority to consider the request made by the petitioner through Ext.P4. However, despite the receipt of Ext.P4 representation, the second respondent did not take any action for passing any orders thereon. It is in the said circumstances WP(C).No.30902/2010 2 that this writ petition has been filed. The entitlement of the petitioner to the time bound higher grades as requested as per Ext.P4 is a matter to be decided by the second respondent. Therefore, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P4 representation made by the petitioner for the aforementioned reliefs expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In case the petitioner is desirous to file any representation to supplement Ext.P4 representation, it will be open to the petitioner to do so within a period of 10 days from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS