IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2965 of 2011(U)
1. V.K.MANOJ,S/O.KRISHNAN,HEALTH INSPECTOR
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.T.V.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :31/01/2011
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 2965 of 2011
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Dated this the 31st day of January, 2011
J U D G M E N T
The petitioner is working as Health inspector Grade II in the
Health Department of the Government of Kerala. He originally joined
service as Junior Inspector Grade II in 1990 on provisional basis. His
services were later regularised. The petitioner was later promoted as
Junior Health Inspector Grade I and subsequently, as Health Inspector
Grade II. According to the petitioner, by Ext.P3 order in W.P.(C). No.
31303/2005, the petitioner was directed to be promoted as Health
Inspector Grade II with effect from 24.5.2005. However, contrary to
the said decision, by Ext.P4 order, the petitioner has been promoted
only with effect from 21.4.2008, which is against Ext.P3 interim order
passed by this Court. The petitioner, therefore, seeks the following
reliefs;
“i) call for the entire records relating to the above case;
ii) issue a writ of mandamus or any other appropriate writ,
direction or order commanding the 2nd respondent to pass appropriate
orders, giving retrospective effect to petitioner’s promotion to the post
of Health Inspector Grade II, with effect from 24/5/05 as directed in
Ext.P3 interim order.
iii) issue a writ of mandamus or any other appropriate writ,
direction or order, commanding the respondents to give all benefits,
including salary arrears to the petitioner consequent on promotion, to
the post of Health Inspector Grade – II w.e.f. 24/5/05 immediately
within a specified period as directed by this Hon’ble court.”
2. Admittedly, the writ petition, in which, Ext.P3 order was
2
passed, has subsequently been dismissed as infructuous. That being
so, that interim order also loses relevance. As such, the petitioner
cannot now rely on Ext.P3 order for retrospectivity of his promotion.
The entire case of the petitioner is built on Ext.P3 interim order, which
is no longer in force. Therefore, if the petitioner has still any grievance
regarding the date of his promotion, it is upto him to approach the
respondents appropriately. Therefore, without prejudice to that right,
this writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge