IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33827 of 2008(B)
1. RAJU J.JOSEPH, ASSISTANT ENGINEER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CHIEF ENGINEER, P.W.D. NATIONAL
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/11/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO: 33827 of 2008
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Dated this 2Oth day of November, 2008
JUDGMENT
Heard Dr.K.P.Satheesan, the learned counsel appearing for the
petitioner and Smt.Anu Sivaraman, the learned Government Pleader
appearing for the respondents.
2. The petitioner entered service as Assistant Engineer in the
Public Works Department on 28-4-1989. By then, the Government
had decided to bifurcate the Public Works Department into two
departments namely (1) Public Works (Roads & Buildings)
Department and (2) Irrigation Department. Options were called for
from all employees. The petitioner did not exercise option within the
stipulated time. The Public Works Department took the stand that
the petitioner should go over to the Irrigation department. That
dispute was the subject matter of O.P.No.11381 of 1991. By Ext.P1
judgment delivered on 10-6-2002 this Court held that the petitioner
should be retained in the Public Works (Roads & Buildings)
Department. Ext.P1 judgment has become final.
3. The present grievance voiced by the petitioner is that before
Ext.P1 judgment settling the dispute was rendered, 20 of his juniors
in the Public Works (Roads & Buildings) Department were promoted
to the category of Assistant Executive Engineer. The petitioner
submits that in view of Ext.P1 judgment which declares his right to
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continue the Public Works (Roads & Buildings) Department, he is
entitled to be promoted as Assistant Executive Engineer, at least
with effect from the date on which his juniors were promoted.
Claiming that relief, the petitioner has filed Ext.P4 representation
before the Secretary to Government, Public Works Department. In
this writ petition the petitioner prays inter alia for a direction to the
Government to consider Ext.P4 representation and take a decision
thereon within a time limit to be fixed by this Court.
4. Ext.P1 judgment declaring the right of the petitioner to
continue in the Public Works (Roads & Buildings) department has
become final. Fore more than a decade, the dispute was lying
unresolved in this Court. The issue was given a quietus by Ext.P1
judgment. In the meanwhile many of the petitioner’s juniors in the
Public Works (Roads & Buildings) Department were promoted to the
higher post of Assistant Executive Engineer. In view of Ext.P1
judgment, the claim made by the petitioner in Ext.P4, deserves to be
considered by the Government.
5. Such being the situation, I dispose of the writ petition with a
direction to the Secretary to Government, Public Works (Roads &
Buildings) Department to consider Ext.P4 representation and take a
decision thereon within three months from the date of receipt of a
copy of this judgment. Needless to say the petitioner shall be
afforded an opportunity of being heard before orders are passed on
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Ext.P4. It is clarified that, if the claim of the petitioner is accepted,
he will be entitled to all consequential service benefits including
seniority.
P.N.RAVINDRAN,
JUDGE