IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25192 of 2008(Y) -------------------------------- PETITIONER: -------------- K.K. REGHU, FIELDMAN (FISHERIES) HR GRADE FISHERIES STATION, PUDUVEYPU, ERNAKULAM DISTRICT BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ----------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA P.O., THRISSUR DISTRICT 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, THIRUVANANTHAPURAM 3. SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM R1 BY ADV. SRI RANJITH THAMPAN, STANDING COUNSEL R2 BY GOVT PLEADER SRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. ------------------------------------------------- W.P.C. No 25192 of 2008 - Y ------------------------------------------------- Dated this the 20th August 2008 JUDGMENT The petitioner is a Fieldman working in the Kerala Agricultural University. He is due to retire on 31.08.2008. It is stated that he has sought extension of service. 2. The case of the petitioner is that he is entitled to get the benefit of re-designation of the post of Fieldman (Fisheries) as Farm Assistant (Fisheries) and also to get the ratio promotion and grade promotion as a consequence. The petitioner contends that there are three wings in the Kerala Agricultural University, viz., Agricultural Wing, Veterinary Wing and Fisheries Wing. The petitioner relies on Exts. P1 and P2 proceedings of the University by which re-designation was granted in respect of certain other posts in the other two wings, namely, Agricultural Wing and Veterinary Wing. The petitioner contends that he is the only Fieldman and that he is entitled to the same treatment as meted out to the Agricultural Demonstrators and WPC 25192/08 2 Livestock Assistants coming under the Agricultural Wing and Veterinary Wing. Pointing out his grievances and setting out his claim on the basis of Exts. P1 and P2, the petitioner submitted Ext P15 representation dated 12.06.2008 before the first respondent and the same is pending disposal. 3. The reliefs prayed for in the writ petition are the following: i) to issue a writ of mandamus directing the third respondent to grant the benefit of re-designation of the post of Fieldman (Fisheries) held by the petitioner as Farm Assistant (Fisheries) and also granting ratio promotion and grade promotion and all other consequential benefits due to the petitioner retrospectively with effect from 1.3.1992. ii) to issue a writ of mandamus directing the respondents to take a decision in Ext. P15 in the light of Exts. P1 and P2. iii) to issue such other orders, directions or writs as maybe prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case. 4. Learned counsel for the petitioner submits that for the present petitioner will be satisfied if relief No (ii) is granted reserving his right to claim the other reliefs at the appropriate stage. Learned Standing Counsel for the University submits that Ext P15 will be WPC 25192/08 3 disposed of by the first respondent without delay. 5. Accordingly, this writ petition is disposed of in the following manner. First respondent shall consider Ext. P15 representation dated 12.06.2008 as expeditiously as possible and at any rate within a period of two months after affording an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the writ petition and certified copy of the judgment before the first respondent. Sd/- K.T. SANKARAN Judge 20/08/2008 en [true copy] WPC 25192/08 4 APPENDIX Petitioner's exhibits: Ext P1 - True copy of the proceedings dated 16.2.1981 Ext.P2 - True copy of the minutes of the establishment committee meeting held on 4.8.1997 Ext.P3 - True copy of the relevant pages of proceedings dated 6.4.2000 Ext.P4 - True copy of the order dated 12.11.2001 issued by the Kerala Agricultural University Ext.P5 - True copy of the application dated 8.4.1999 submitted by the petitioner before the third respondent. Ext.P6 - True copy of G./O.(Ms) No 61/82 dated 9.2.1982 Ext.P7 - True copy of G.O. (P)No 209/95/AD dated 8.2.1995 Ext.P8 - True copy of the certificate Ext.P9 - True copy of the certificate dated 23.1.1978 Ext.P10 - True copy of certificate dated 5.11.1993 Ext.P11 - True copy of certificate 28.4.1981 Ext.P12 - True copy of order dated 7.12.1988 Ext.P13 - True copy of final seniority list of Sr Grade Farm Assistant Ext.P14 - True copy of G.O.(Ms) 224/88 dated 14.7.1988 Ext.P15 - True copy of representation dated 12.6.2008 filed by the petitioner before the first respondent. [true copy]