IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 28391 of 2008(E) --------------------------------------- PETITIONER(S): ------------------------ V.K.JAYAHASA PANICKER, HEAD CLERK, ROAD SUB DIVISION, MAVELIKARA. BY ADVS. MR.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) MR.K.P.CHANDRASEKHAR. RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENTS , THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, L.S.G.D., THIRUVANANTHAPURAM. 4. ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, MAVELIKKARA. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 28391/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 30.6.08 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE REPRESENTATION DT. 31.7.08 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH PROPER CHANNEL. P3:- COPY OF THE FORM OF OPTION SUBMITTED BY THE PETITIONER DT. 13.2.06. P4:- COPY OF THE JUDGMENT DT. 6.8.08 IN WPC. NO.23663/08. P5:- COPY OF THE ORDER NO.ED2-249/08 DT. 8.9.08. P6:- COPY OF THE ORDER NO.EE/(2)249/08 DT. 30.8.08. P7:- COPY OF THE ORDER NO.E2/209/05/CE/LSGD DT. 13.8.08. P8:- COPY OF THE REPRESENTATION DT. 1.3.09 SUBMITTED TO THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 28391 of 2008 --------------------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioner is now working as Head Clerk in the P.W.D. Roads Sub Division, Mavelikkara. By Ext.P1 order, he has been promoted and deployed to L.S.G.D. for suitable posting. 2. Mainly the writ petition is filed seeking to quash Ext.P5 order. This Court while admitting this Writ Petition stayed the deployment of the petitioner to the L.S.G.D department in implementation of Ext.P1 and P5 orders. 3. The petitioner is retiring from service on 31.3.2009. Ext.P8 is the representation filed by him seeking for promotion to the post of Junior Superintendent in PWD. Even though the petitioner is retiring on 31.03.2009, it is up to the Chief Engineer to consider the claim of the promotion in accordance with the Rules, his seniority, as far eligibility and the claims, if any of others in this matter. Appropriate decision will be taken on Ext.P8 and the same will he communicated to the petitioner also. The second respondent will pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps