High Court Kerala High Court

T.Babu vs The Directorof Municipal … on 8 February, 2010

Kerala High Court
T.Babu vs The Directorof Municipal … on 8 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2465 of 2009()


1. T.BABU, OVERSEER, THRISSUR MUNICIPAL
                      ...  Petitioner
2. K.BALAMURALI, OVERSEER, THRISSUR
3. C.RAMACHANDRAN, OVERSEER, THRISSUR

                        Vs



1. THE DIRECTOROF MUNICIPAL ADMINISTRATION,
                       ...       Respondent

2. THE THRISSUR CORPORATION ELECTRICITY

3. THE THRISSUR MUNICIPAL CORPORATION,

4. K.A.ANIL KUMAR, OVERSEER, THRISSUR

5. P.BABU, OVERSEER, THRISSUR MUNICIPAL

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/02/2010

 O R D E R
         K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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                      W.A. No.2465 of 2009
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                    Dated 8th February, 2010.

                           J U D G M E N T

Balakrishnan Nair, J.

The writ petitioners are the appellants. They are

working in the electricity wing of the Thrissur Municipal

Corporation. They joined service as Line Assistants. Later, the

unqualified Line Assistants from among them were provisionally

promoted as Overseers, by Exts.P1 and P2 orders dated

29.11.2007 and 26.11.2007 respectively. As per Ext.P3, a draft

list of persons eligible for promotion as Overseers was published.

Later, Ext.P4 final list was also published. The appellants were

not included in Ext.P4. Therefore, they apprehended that they

may be reverted. In the above background, the Writ Petition was

filed, challenging Ext.P4 list and seeking a direction, not to revert

them. Though initially, there was an interim stay against the

reversion, the learned Single Judge, after hearing both sides,

declined to extend it. Challenging the said order of the learned

Single Judge, this Writ Appeal is preferred.

2. We notice that the learned Single Judge has

ordered that the reversion of the petitioners will be subject to the

WA NO.2465/09 2

result of the Writ Petition. Going by Exts.P1 and P2, it is clear

that they were promoted only provisionally and their promotions

were subject to review also. Therefore, if they were reverted

upon review, the same cannot be said to be prima facie an order

outside jurisdiction. So, we find nothing wrong with the interim

order passed by the learned Single Judge, warranting interference

in the Writ Appeal. Accordingly, the Writ Appeal is dismissed.

But, it is made clear that this judgment will not affect the

contentions of the petitioners/appellants in the Writ Petition.

K.BALAKRISHNAN NAIR, JUDGE.

P.N.RAVINDRAN, JUDGE.

tgs

K.BALAKRISHNAN NAIR &

P.N.RAVINDRAN, JJ.

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W.A. No.2465 of 2009

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J U D G M E N T

Dated 8th February, 2010.