IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31802 of 2006(J)
1. T.KEERAN, AGED 52 YEARS,
... Petitioner
Vs
1. THE COMMISSIONER, DEPARTMENT OF RURAL
... Respondent
2. THE ASSISTANT DEVELOPMENT COMMISSIONER
3. BLOCK DEVELOPMENT OFFICER,
4. THE DISTRICT COLLECTOR,
5. GOVERNMENT OF KERALA REPRESENTED BY
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :12/01/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO. 31802 of 2006
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Dated this the 12th day of January, 2007
JUDGMENT
Against Ext.P5 letter dated 27.9.2006, sent by the second
respondent to the third respondent informing the latter that the
petitioner is not entitled to count the period of his provisional service
for the purpose of increment, the petitioner has filed Ext.P6 appeal
before the 5th respondent challenging the grounds for rejection stated
in Ext.P5 and the interpretation placed on the relevant Government
orders. It is contended that Ext.P5 is unsustainable and therefore, the
Government has to interfere into the matter and direct the
subordinate authorities to grant the benefit of increment to the
petitioner reckoning provisional service also.
2. As per rule 24 of the Kerala Civil Services (Classification &
Appeal) Rules 1960, the Government is vested with the power to
consider the grievances highlighted by the petitioner in relation to the
decisions taken by the subordinate authorities. Hence, there shall be
an order directing the 5th respondent to consider Ext.P6, take
appropriate decision and communicate the same to the petitioner, as
early as possible, in any event, within three months from the date of
W.P.(C)No.31802/2006 2
receipt of a copy of the judgment. The petitioner shall produce a copy
of the judgment along with a copy of the writ petition before the 5th
respondent for information and compliance.
The writ petition is disposed of with the above directions.
K.K.DENESAN, JUDGE
css/
W.P.(C)No.31802/2006 3
