V.V.Vinayakumar vs State Of Kerala on 6 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 16005 of 2000(E)



1. V.V.VINAYAKUMAR
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.E.SUBRAMANI (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :06/11/2008

 O R D E R
                        S. SIRI JAGAN, J.
                 ------------------------------------
                     O.P.No.16005 OF 2000
               ----------------------------------------
              Dated this the 6th day of November, 2008

                            JUDGMENT

The petitioner filed this original petition seeking the

following reliefs:

“a) issue a writ of mandamus or other
appropriate writs, directions or orders compelling
the Respondents to recognise and implement the
legitimate claim of the Petitioner for being promoted
as Section Officer (Higher Grade) in the scale of
Rs.7200-11400 (Revised) as per Exhibit P5 with
reference to any date 25.11.1998, 13.5.1999 or
21.12.1999;

b) to award the costs of the petitioner of
these proceedings.”

In paragraph 17 of the counter affidavit, the respondent has

stated thus:

“As the Government considered the request of Sri.
V.V. Vinayakumar for earlier promotion as Section Officer
(HG) and under Secretary based on actual date of
appointment as Section Officer (ie with effect from
25/7/1996) and promoted him as Section Officer (HG)
notionally with effect from 13.5.1999 FN ie, the date on
which his immediate Junior Sri. C. Prabhakaran Nair was
promoted as Section Officer (HG). Sri. V.V. Vinayakumar

O.P.No.16005/2000 2

was also promoted as Under Secretary before Sri. C.
Prabhakaran Nair his immediate Junior as per G.O.(Rt)
No.6972/03/GAD dated 1.10.2003. Hence the
grievance of Sri. V.V. Vinayakumar in his O.P. has
already been redressed and the OP has become
infructuous and liable to be dismissed”.

2. The petitioner has filed a reply affidavit producing

Ext.P7 order passed in this regard granting the petitioner

Higher Grade notionally with effect from 13.5.1999. The

petitioner now presses for a claim for monetary benefits also.

However, the petitioner submits that in that respect the

petitioner may be permitted to pursue Ext.P8 representation

before the Government .

In the above circumstances, the original petition is

closed without prejudice to the right of the petitioner to pursue

Ext.P8 appropriately.

S. SIRI JAGAN, JUDGE

Acd

O.P.No.16005/2000 3