IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 8729 of 2009(I) ----------------------------------- PETITIONER(S): --------------------- PRIMALA JOHN, ASSISTANT DIRECTOR OF AGRICULTURE, KOLLENGODE P.O., PALAKKAD DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 8729/2009-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE W.P.(C). NO. 17126/2007 ALONG WITH EXHIBITS. EXT.P2: COPY OF THE JUDGMENT DATED 26/06/2007 IN W.P.(C). NO. 17126/2007. EXT.P3: COPY OF THE G.O.(RT)NO.1538/2008 DATED 07/08/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.8729 of 2009 -------------------------------------- Dated 27th May, 2009 JUDGMENT Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner who is presently working as Assistant Director of Agriculture has filed this writ petition seeking implementation of Ext.P3. By Ext.P3 the Government granted to the petitioner time bound higher grade promotion on completion of 18 years of service in the scale of pay of Rs.7800-12975, by reckoning the provisional service which she had rendered prior to her regular appointment. The petitioner's grievance is that though nearly nine months have passed after Ext.P3 order was passed, the second respondent has not implemented it. 3. When this writ petition came up for admission on 31.3.2009, while ordering notice to the respondents, this Court passed the following order: “Petitioner seeks for implementation of Ext.P3 passed by the Government whereby the Government has granted 18 years time bound higher grade to the petitioner. The complaint is that no action is taken to implement the same. The 2nd respondent will take appropriate decision to grant the benefit which the petitioner is entitled to receive on implementation of Ext.P3 WP(C).No.8729/2009 2 within six weeks from the date of receipt of copy of this order. Petitioner will produce copy of the writ petition along with copy of this order before the 2nd respondenr for compliance.” By the said order, this Court directed the second respondent to implement Ext.P3 within six weeks from the date of receipt of a copy of the interim order. It is stated that even today, the second respondent has not complied with the said direction. In any case, no order giving effect to Ext.P3 has been brought to my notice. Since the Government have granted to the petitioner time bound higher grade promotion on completion of 18 years of service, reckoning the provisional service rendered by her, as a subordinate officer of the Government, the Director of Agriculture has necessarily to implement it. I accordingly dispose of this writ petition with the direction that the second respondent shall on or before 15.7.2009 implement Ext.P3 order in letter and spirit and take steps to disburse to the petitioner, the monetary benefits flowing from Ext.P3. In order to enable the second respondent to act as directed above, the petitioner shall produce before him a certified copy of of this judgment along with a copy of the writ petition. P.N.RAVINDRAN Judge TKS