IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32798 of 2008(D) -------------------------- PETITIONER(S): --------------- G.LEKSHMANAN PILLAI, DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS (RETIRED), RESIDING AT PANCHAVADI, MADTHILKARANMA P.O., OCHIRA (VIA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. STATE OF KERLA, REPRESENTED BY THE SECRETARY TO THE GOVERMENT DEPARTMENT OF REVENUE GOVT. SECRETARIAT, THIRUVANANTAURAM. 2. THE DIRECTOR OF SURVEY & LAND RECORDS THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.32798 of 2008 ------------------------------- Dated this the 7th November, 2008. J U D G M E N T The petitioner is a pensioner. He retired from service on 31.5.2006 on attaining the age of superannuation. He entered service as Surveyor Grade II on 3.6.1972, was promoted as First Grade Surveyor on 1.7.1988 and as Head Surveyor on 1.1.2000. Later, he was promoted as Superintendent of Survey on 9.1.2003 and as Assistant Director of Survey, by Ext.P1 order dated 29.6.2005. Shortly before his retirement, he was promoted as Deputy Director of Survey by order passed on 25.4.2006. The petitioner's grievance is that his promotions to the categories of Assistant Director of Survey and Deputy Director of Survey were delayed for no fault of his. It is further submitted that in the case of one Sri.M.Abdul Majeed who had a similar grievance, the Government have passed orders assigning him an earlier date of promotion as Assistant Director/Deputy Director of Survey. The petitioner submits that pointing out W.P.(C) No.32798 of 2008 2 these aspects, he has submitted Ext.P4 representation before the Secretary to Government, Revenue Department, and that the first respondent may be directed to consider the said representation and pass orders thereon, after affording him an opportunity of being heard, within a time limit to be fixed by this Court. 2. Whether going by the petitioner's contentions, he was entitled to be given promotion as Assistant Director/Deputy Director of Survey earlier than the dates on which he was regularly promoted to the said posts, is primarily a matter for the Secretary to Government, Revenue Department to decide, at least in the first instance. The petitioner has also pointed out that similar benefits were extended to Sri.M.Abdul Majeed. Such being the situation, I dispose of the Writ Petition with a direction to the Secretary to Government, Revenue Department, to consider Ext.P4 representation and pass orders thereon, after affording the petitioner an opportunity of being W.P.(C) No.32798 of 2008 3 heard. This shall be done within a period of four months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.