IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 34788 of 2010(W) --------------------------------------- PETITIONER(S): ----------------------- C. GOPAKUMAR, SCREEN MAKING HELPER, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM-695 018. BY ADV. SRI.S.MOHANDAS RESPONDENT(S): ------------------------- 1. THE KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE SOCIETIES LTD., OOTTUKUZHY, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR. 2. DIRECTOR OF HANDLOOMS & TEXTILES, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 003. 3. GENERAL MANAGER, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM-695 018. R2 BY GOVT. PLEADER MR.BASANT BALAJI. R1 & R3 BY ADV. SRI.T.R. RAMANKARTHA, SC FOR KSHWCS LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.34788 of 2010 ---------------------------------------- Dated 30th November, 2010 JUDGMENT The petitioner is presently working as Screen Making Helper under the first respondent society which is registered under the provisions of the Kerala Co-operative Societies Act. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to take a decision on Ext.P7. Ext.P7 is a letter dated 15.2.2010 submitted by the third respondent before the first respondent essentially on the claim of the petitioner for getting fixation of his pay in a time scale. According to the petitioner, he is entitled to get his pay fixed in a time scale in terms of Ext.P2. Ext.P7 would reveal that the third respondent has given his personal remarks as well while forwarding Ext.P7 for consideration by the first respondent. Be that as it may, it is the fact that the question relating the entitlement of the petitioner to get his pay fixed in a time scale in terms of Ext.P2 is pending consideration before the first respondent in Ext.P7. Admittedly, the first respondent is the competent authority to take a decision on the said claim made by the petitioner. When such a petition is forwarded to the first respondent by the third respondent, the first respondent is bound to take a decision on WP(C).No.34788/2010 2 the said issue. Admittedly, Ext.P7 is still pending before the first respondent and the first respondent is yet to take a decision on the issue involved in Ext.P7. Therefore, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the first respondent to consider Ext.P7 in accordance with law and pass orders thereon expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS