IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 37794 of 2008(Y) ------------------------------------- PETITIONER: --------------- SHAHUL HAMEED.M, S/O. MOHAMMED KUNJU, AGED 53 YEARS, KOTTAKUZHI HOUSE, KOTTACHIRA, PALLICKAL.P.O, ALAPPUZHA DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONERE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE TAHSILDAR, MAVELIKARA. GOVERNMENT PLEADER ADV. MR. A.J. VARGHESE FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37794 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA CERTIFYING THAT THE PETITIONER HAS PASSED THE SURVEY TEST LOWER. EXT.P2: COPY OF CERTIFICATE ISSUED BY THE P.S.C. CERTIFYING THAT THE PETITIONER HAS PASSED THE VILLAGE OFFICER'S TEST, TRAVANCORE. EXT.P3: COPY OF CERTIFICATE CERTIFYING THAT THE PETITIONER HAS PASSED MANUAL OF OFFICE PROCEDURE (MOP) DATED 19.8.1988 ISSUED BY THE PSC TO THE PETITIONER. EXT.P4: COPY OF CERTIFICATE OF DISTRICT OFFICES MANUAL TEST ISSUED BY THE PUBLIC SERVICE COMMISSION TO THE PETITIONER. EXT.P5: COPY OF ORDER ISSUED BY THE DISTRICT COLLECTOR DATED 21-11-2008. EXT.P6: COPY OF THE REPRESENTATION DT 30-9-2010 SUBMITTED BY PETITIONER TO LAND REVENUE COMMISSIONER TO GIVE PROMOTION TO HIM AS U.D.CLERK/SPECIAL VILLAGE OFFICER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.37794 OF 2008 --------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT The petitioner, who is a Village Assistant, has filed this writ petition seeking the following reliefs: “i) to issue a Writ of Certiorari or any other appropriate writ, order or direction to quash Exhibit P5; ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to declare the probation of the petitioner in the cadre of Village Assistant without any further delay; iii) to declare that the petitioner is entitled to receive the same salary which he is now receiving and continue sanctioning the same to him; iv) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to promote the petitioner to the cadre of Upper Division Clerk/Special Village Officer without any further delay”. Ext.P5 is an order, whereby the grade promotions granted to the petitioner has been cancelled and the excess amount allegedly drawn by the petitioner has been ordered to be recovered. The petitioner now submits that the petitioner has filed Ext.P6 representation in the matter before the second respondent and for the present, the petitioner would be satisfied with a direction to the second respondent to consider and pass orders on Ext.P6 expeditiously. The petitioner W.P.(C)No.37794/08 2 further submits that the petitioner is constrained to seek this prayer because it would take considerable time for hearing and disposing of the writ petition and the petitioner is due to retire on 31.3.2011. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the second respondent to consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. I direct the second respondent to see that the time limit is strictly complied with, in so far as the petitioner is due to retire on 31.3.2011. The interim order passed in this case would continue to be in force till disposal of Ext.P6. S. SIRI JAGAN, JUDGE acd W.P.(C)No.37794/08 3 W.P.(C)No.37794/08 4