IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 37784 of 2008(W) -------------------------- PETITIONER(S): --------------- R. UNNIKRISHNA PILLAI, SPECIAL VILLAGE OFFICER, PATHANAPURAM VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, RESIDINT AT KRISHNA, POOVATHUR EAST, KALAYAPURAM.P.O, PIN - 691560, KOTTARAKKARA VIA, KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. CHANDERAKALADHAR.P, SANTHAMANDIRAM, KALLAMBALAM.P.O, TRIVANDRUM DISTRICT. R1 TO R3 BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37784 of 2008-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT Aggrieved by the delay/denial of promotion to the petitioner in spite of the fact that his juniors have been promoted to the post of Upper Division Clerk/Village Officer and thereafter as Deputy Tahsildar/Junior Superintendent, the petitioner has filed this writ petition. 2. The petitioner was recruited as Village Assistant as per advice memo dated 15.3.1989 of the Public Service Commission. The 4th respondent is one of his juniors. 3. According to the petitioner, he passed Village Officers' Test (Travancore) in 1988. This is evidenced by Ext.P2. He passed Survey Test Lower in 1978 and this submission is supported by Ext.P3. In the year 2002 he passed Revenue Test (Travancore) and Ext.P4 is the copy of the certificate proving the same. Thereafter, he passed Account Test (Lower) and the District Offices Manual Test in 2002. These are evidenced by Exts.P5 and P6. The petitioner's probation in the cadre of Village Assistant was declared to have been successfully completed as per the order of the third respondent dated 23.5.2005 (Ext.P7). There was delay in declaration WPC.37784/2008 2 of his probation, since he had not passed DOM Test. The petitioner pointed out that his juniors like the 4th respondent were promoted provisionally as Upper Division Clerk and they have not been promoted as such on regular basis. His further contention is that the seniority list of UDC/VO has not been finalised so far, but still such persons have been promoted as Deputy Tahsildars. 4. Learned Govt. Pleader on instructions, submits that the juniors of the petitioner were promoted as they had passed the test long back and their probations have been declared earlier. It is accordingly they were promoted. 5. Now that the petitioner has raised the dispute regarding denial of promotion in Ext.P9 before the second respondent, there will be a direction to the second respondent to consider and pass orders on Ext.P9 within a period of two months from the date of receipt of a copy of this judgment. The petitioner will be given a personal hearing in the matter and the affected parties, if any, will also be given notice before a final decision is taken in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/