IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 28122 of 2000(W)
1. OUSEPH P.O.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent :SRI.VAKKOM N.VIJAYAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :21/05/2009
O R D E R
P.N.RAVINDRAN, J.
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O.P. No. 28122 of 2000
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Dated this the 21st day of May, 2009
JUDGMENT
Ext.P5 order passed by the 1st respondent, whereby the
services of respondents 3 to 7 were regularized, is under
challenge in this Original Petition. Ext.P5 order was passed on
28-7-2000. This Original Petition was filed immediately
thereafter on 3-10-2000 apprehending that by such
regularization, the petitioners’ rank and seniority will be
adversely affected. Ext.P5 order is dated 28-7-2000. The
petitioners have now retired from service. Therefore, according
to me, at this distance of time, they cannot have any subsisting
grievance. The Original Petition is accordingly closed as
infructuous.
21st May, 2009. P.N.RAVINDRAN,
JUDGE.
At the request of Sri. P.Santhalingam, the learned Senior
Advocate appearing for the petitioners, the Original Petition was
posted today for being spoken to. I heard the learned counsel
appearing for the petitioners and also the learned counsel
appearing for the respondents.
2. Ext.P5 order passed by the 1st respondent, whereby the
services of respondents 3 to 7 were regularized, is under
OP 28122/2000 -2-
challenge in this Original Petition. Ext.P5 order was passed on
28-7-2000. This Original Petition was filed immediately
thereafter on 3-10-2000 apprehending that by such
regularization, the petitioners’ rank and seniority will be
adversely affected.
3. When this Original Petition was admitted, this Court did
not stay the operation of Ext.P5. Therefore, Ext.P5 has taken
effect. Nearly nine years have passed after Ext.P5 order was
passed. The petitioners have also retired from service.
Therefore, the continuance of the party respondents in service
will not any longer be adverse to their interests. However, the
petitioners have a grievance that by reason of Ext.P5 the party
respondents became their seniors and were promoted to higher
posts, earlier than the petitioners.
4. In view of the fact that the petitioners are no longer in
service, I am of the opinion that this is a matter which the
petitioners can bring to the notice of the competent authority
among the respondents by filing an appropriate representation.
If the petitioners file such a representation before the
Government within one month from today, the Government shall
consider the same and pass orders thereon within three months
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from the date on which such representation is filed, after
affording the petitioners a reasonable opportunity of being
heard. I make it clear that I have not in any manner interfered
with Ext.P5 and that the party respondents will be entitled to all
the benefits flowing therefrom.
This Original petition is disposed of as above.
23rd May, 2009 P.N.RAVINDRAN,
JUDGE.
mn.
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P.N.RAVINDRAN, J.
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O.P. No. 28122 of 2000
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Judgment
21st day of May, 2009