High Court Kerala High Court

K.K.Augustine vs District Panchayath Officer on 30 November, 2009

Kerala High Court
K.K.Augustine vs District Panchayath Officer on 30 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30978 of 2009(N)


1. K.K.AUGUSTINE,
                      ...  Petitioner

                        Vs



1. DISTRICT PANCHAYATH OFFICER,
                       ...       Respondent

2. DEPUTY DIRECTOR OF PANCHAYATHS,

3. DIRECTOR OF PANCHAYATHS,

4. M.J.THRESIAMMA,

5. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.VIJAYAN. K.U.

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/11/2009

 O R D E R
                       ANTONY DOMINIC, J.
                       ------------------
                   WP(C) No.30978 of 2009 (N)
           Dated,-------------------------- 2009
                   this the 30th day of November,

                          J U D G M E N T

The petitioner joined service as 2nd grade Overseer in the

Panchayat Common Service. After joining service in 1983, he was

promoted as 1st grade Overseer in 1987. According to the

petitioner in Ext.P1 seniority list, he was at Serial No.4, while the 4th

respondent was at Serial No.5, and was thus junior to him.

2. While continuing as such, by Ext.P3 representation made

by the petitioner on 23/02/1994, he sought promotion to the post

of Assistant Engineer in a vacancy that was available at Meenangadi

Panchayat. Without promoting him, by Ext.P4 order dated

24/02/1994, 4th respondent was promoted as Assistant Engineer.

Subsequently, the petitioner was also promoted as Assistant

Engineer with effect from 16/11/2001. The 4th respondent

continued in service and retired in 2003, and the petitioner also is

due to retire in March, 2010.

3. According to the petitioner, he came to know that the

promotion of the 4th respondent as Assistant Engineer given by

WP(C) No.30978/2009
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Ext.P4 order dated 24/02/1994 was erroneous, only in February,

2008, and that immediately thereafter, he made Exts.P9 & P10

representations requesting promotion with effect from the date on

which the 4th respondent was promoted. No response was

forthcoming and therefore, he made Ext.P11 representation to the

5th respondent. Both these representations have not been acted

upon and it is in these circumstances, this writ petition is filed

seeking a direction to the respondents to consider the

representations.

4. As already noticed, the case now set up by the petitioner

is that the promotion of the 4th respondent ordered by Ext.P4 dated

24/02/1994 as Assistant Engineer was erroneous. This contention

is highly belated, but is sought to be explained by stating that the

petitioner came to know of this irregularity in the promotion only in

February, 2008. However, there is nothing to substantiate the case

of the petitioner that he came to know of the irregularity in the

promotion of the 4th respondent only in February, 2008. Therefore,

I am inclined to think that this Court will not be justified in directing

consideration of the belated representations filed by the petitioner,

WP(C) No.30978/2009
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contending that the promotion granted to the 4th respondent way

back in February, 1994 is irregular.

Therefore, on account of the delay, I am not inclined to

entertain the writ petition, and it is dismissed.

(ANTONY DOMINIC, JUDGE)
jg