Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 PETITIONER/S: K.AJITHKUMAR AGED 55 YEARS OVERSEER GRADE II OFFICE OF THE ASSISTANT ENGINEER, WORKS DEPARTMENT, TRAVANCORE DEVASWOM BOARD, ULLOOR, THIRUVANANTHAPURAM 695 BY ADVS. B.RAGHUNATHAN M.SALIM R.SRINATH DR.STANLY CHAZHOOR K.JALADHARAN V.M.JACOB RESPONDENT/S: 1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM 695 003 2 CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM 695 003 BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 14th day of February, 2022 Petitioner is working as overseer Grade-II attached to the Office of the Assistant Engineer, Works Department, Travancore Devaswom Board (for short ‘Board’). He was first appointed as an Apprentice trainee and after one year as Tracer on consolidated pay, he was
appointed to the post of Tracer on regular basis by order
dated 13.6.2003. The petitioner joined duty on 13.6.2003 and completed probation on time. According to the petitioner the post of Tracer is equivalent to Overseer Grade-III. Considering the total service of the petitioner, the 2nd respondent Chief Engineer had, vide letter dated 27.7.2017, recommended appointment of the petitioner to the post of Overseer Grade-III with effect from 13.3.2009.According to the petitioner he is entitled to be appointed to the post of Overseer Grade-III with effect from 13.6.2003. Contrary to the recommendation and the claim, the Board appointed petitioner as Overseer Grade- III only with effect from 16.4.2018. Aggrieved, the petitioner has submitted Ext.P4 representation before the 1st respondent. The petitioner apprehends that his representation may not be taken up for consideration prior to his retirement on 31.5.2022. 2.Having heard the learned counsel for the petitioner and the learned Standing Counsel for Devaswom Board, I deem it appropriate to direct the 1 st respondent to taken up the representation and pass orders thereon expeditiously. In the result, the writ petition is disposed of directing the 1st respondent to consider Ext.P4 representation and to pass orders thereon, after affording an opportunity of hearing to the petitioner and other interested parties, if any, within an outer limit of one month of receipt of a copy of the judgment. To effectuate proper consideration of the representation, petitioner shall produce a copy of this writ petition along with the judgment. Sd/- V.G ARUN JUDGE SJ APPENDIX OF WP(C) 914/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER ROC NO 3617/02/EST-1 DATED 19-09-2019 OF 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER NO. 2743 DATED 19-09-2019 OF 2ND RESPONDENT Exhibit P3 TRUE COPY OF ORDER NO. CE(G)/ESTT-II/B1/2021/02 DATED 16-02-2021 OF 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 4-12- 2021 TO 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER DATED 8-12-2021 OF ASSISTANT ENGINEER ULLOOR OF THE BOARD