High Court Kerala High Court

Raju J.Joseph vs State Of Kerala on 20 November, 2008

Kerala High Court
Raju J.Joseph vs State Of Kerala on 20 November, 2008
       

  

  

 
 
  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
                      -----------------------------
                W.P.(C) NO: 33827 of 2008
                      -----------------------------
             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

wpc:33827 of 2008
2

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

wpc:33827 of 2008
3

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