IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24399 of 2007(D)
1. C.SIVASANKARAN, AGED 55,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR, SCHEDULED CASTE
3. THE DISTRICT SCHEDULED CASTE
4. THE SCHEDULED CASTE DEVELOPMENT OFFICER,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :17/10/2007
O R D E R
V.GIRI, J.
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W.P.(C). NO. 24399 OF 2007
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Dated this the 17thday of October, 2007
J U D G M E N T
The challenge in this writ petition is against Exts.P5, P9 and P13.
Ext.P13 is an order passed by the Government declining to grant the
benefit of higher grade to the petitioner after completion of 18 years and 23
years of service. According to the petitioner, he is entitled to higher grade
in the scale applicable to such higher grade employees on a par with the
wardens of SC Development Department and similarly situated persons.
Ext.P13 came to be passed pursuant to a direction issued by this Court.
2. Learned counsel for the petitioner submits that the concerned
officer of the Government had actually heard the petitioner pursuant to
Ext.P11. But it seems that Ext.P13 order is passed by another officer.
This contention is found to be correct and learned Government Pleader
also accepts that the order has been passed by an officer other than the
person who had heard the petitioner.
In the circumstances, without going into other contentions raised by
the writ petitioner, Ext.P13 is set aside. The petitioner shall be heard
afresh by an appropriate officer of the Government and fresh orders
thereon shall be passed, as already directed in W.P.(C) No.85/2006, within
two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
V.GIRI, JUDGE
vps