IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 OP.No. 16005 of 2000(E) ---------------------------------- PETITIONER: ------------------- V.V. VINAYAKUMAR, SECTION OFFICER, STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY ADV.SRI.S.EASWARAN. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 16005/2000-E: ORDER ON C.M.P. NO. 26205/2000 IN O.P. NO. 16005/2000-E DISMISSED 06/11/2008. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO. 80260/SS2/95/GAD DTD. 13TH MAY 1996. EXT.P.2: COPY OF THE G.O. (RT). NO. 6455/96/GAD DTD. 25/07/1996 ISSUED BY THE RESPONDENT. EXT.P.3: COPY OF THE G.O. (RT). NO. 1059/98/GAD DTD. 09/02/1998 ISSUED BY THE RESPONDENT. EXT.P.4: COPY OF THE G.O. (RT).NO.8805/98/GAD DTD. 15TH DECEMBER 1998 ISSUED BY THE RESPONDENT. EXT.P.5; COPY OF THE G.O. (RT). NO. 4346/2000/GAD DTD. 01/06/2000 ISSUED BY THE RESPONDENT. EXT.P.6: COPY OF THE REPRESENTATION DTD. 24/03/2000 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECRETARY OF THE RESPONDENT. EXT.P.7: COPY OF THE G.O. (RT).NO.7766/2002/GAD DTD. 07/12/2002 ISSUED BY THE RESPONDENT. EXT.P.8: COPY OF THE REPRESENTATION 31/12/2002 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. S. SIRI JAGAN, J. ------------------------------------ O.P.No.16005 OF 2000 ---------------------------------------- Dated this the 6th day of November, 2008 JUDGMENT The petitioner filed this original petition seeking the following reliefs: “a) issue a writ of mandamus or other appropriate writs, directions or orders compelling the Respondents to recognise and implement the legitimate claim of the Petitioner for being promoted as Section Officer (Higher Grade) in the scale of Rs.7200-11400 (Revised) as per Exhibit P5 with reference to any date 25.11.1998, 13.5.1999 or 21.12.1999; b) to award the costs of the petitioner of these proceedings.” In paragraph 17 of the counter affidavit, the respondent has stated thus: “As the Government considered the request of Sri. V.V. Vinayakumar for earlier promotion as Section Officer (HG) and under Secretary based on actual date of appointment as Section Officer (ie with effect from 25/7/1996) and promoted him as Section Officer (HG) notionally with effect from 13.5.1999 FN ie, the date on which his immediate Junior Sri. C. Prabhakaran Nair was promoted as Section Officer (HG). Sri. V.V. Vinayakumar O.P.No.16005/2000 2 was also promoted as Under Secretary before Sri. C. Prabhakaran Nair his immediate Junior as per G.O.(Rt) No.6972/03/GAD dated 1.10.2003. Hence the grievance of Sri. V.V. Vinayakumar in his O.P. has already been redressed and the OP has become infructuous and liable to be dismissed”. 2. The petitioner has filed a reply affidavit producing Ext.P7 order passed in this regard granting the petitioner Higher Grade notionally with effect from 13.5.1999. The petitioner now presses for a claim for monetary benefits also. However, the petitioner submits that in that respect the petitioner may be permitted to pursue Ext.P8 representation before the Government . In the above circumstances, the original petition is closed without prejudice to the right of the petitioner to pursue Ext.P8 appropriately. S. SIRI JAGAN, JUDGE Acd O.P.No.16005/2000 3