C.T.James v. Director Of Urban Affairs

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 31532 of 2003 (D) ---------------------------- PETITIONER(S):

-------------------------- 1.

C.T. JAMES LINE ASSISTANT ELECTIRCITY DEPARTMENT THRISSUR MUNICIPAL CORPORATION THRISSUR 2.

A.S. VASU, LINE ASSISTANT ELECTRICITY DEPARTMENT THRISSUR MUNICIPAL CORPORATION THRISSUR 3.

S.PRASAD, LINE ASSISTANT ELECTRICITY DEPARTMENT THRISSUR MUNICIPAL CORPORATION THRISSUR.

BY ADV. SRI.BENNY GERVACIS RESPONDENT(S):

---------------------------- 1.

THE DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM.

2.

THE THRISSUR CORPORATION ELECTRICITY DEPARTMENT REPRESENTED BY THE SENIOR SUPERINTENDENT-IN-CHARGE OF ASSISTANT SECRETARY THRISSUR MUNICIPAL CORPORATION THRISSUR 3.

THE THRISSUR MUNICIPAL CORPORATION REP. BY THE SECRETARY THRISSUR MUNICIPAL CORPORATION, THRISSUR R,R3 BY ADV. SRI.K.P.VIJAYAN R,R3 BY ADV. SRI.V.M.SYAM KUMAR R,R3 BY ADV. SMT.KRIPA ELIZABETH MATHEWS R,R1 BY ADV. GOVERNMENT PLEADER SRI. S. JAMAL R,R2 BY ADV. SRI.V.N.HARIDAS R BY SRI.T.P.M.IBRAHIM KHAN, SC, FCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31532 of 2003 (D) APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF THE ORDER DATED 24.8.03 ISSUED BY THE 1ST RESPONDENT.

EXT.P2 COPY OF THE RECEIPTS DATED 17.09.03 ISSUED BY THE 2ND RESPONDENT.

EXT.P3 COPY OF THE REPRESENTATION DATED 19.09.03 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P3(A) COPY OF THE REPRESENTATION DATED 19.09.03 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P3(B) COPY OF THE REPRESENTATION DATED 19.09.03 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P4 COPY OF THE ORDER NO.E2(2) 6730/04 DATED 20.07.04 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:

EXT.R3(A) COPY OF THE COMMUNICATION DATED 2.7.03 ADDRESSED TO THE MINISTER BY THE MAYOR OF THE CORPORATION.

EXT.R3(B) COPY OF THE COMMUNICATION BEARING NO.DIR.MIS/E/TCR DTD.30.7.03 FROM THE CHAIRMAN OF THE K.S.E.BOARD TO THE CORPORATION.

EXT.R3(C) COPY OF THE COMMUNICATION BEARING NO.G18/9/25/03 DATED 18.09.03 ADDRESSED TO THE 1ST RESPONDENT FROM MAYOR OF THE CORPORATION.

EXT.R3(D) COPY OF THE REVISION PETITION SANS THE ANNEXURES FILED BY THE CORPORATION BEFORE THE GOVT. OF KERALA, MINISTRY OF URBAN AFFAIRS, THIRUVANANTHAPURAM.

EXT.R3(E) COPY OF THE GOVT. ORDER VIZ., G.O(MS) 206/2004/LSGD DTD. 23.6.04 ISSUED BY THE GOVT. OF KERALA.

EXT.R3(F) COPY OF THE REVIEW PETITION SANS THE EXHIBITS FILED BY THE CORPORATION BEFORE THE GOVT. OF KERALA, MINISTRY OF URBAN AFFAIRS, THIRUVANANTHAPURAM.

// TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.31532 of 2003 - D ====================== Dated this the 28th day of September, 2015

J U D G M E N T

The petitioners, who were working as a Line Assistants in the 2nd respondent Corporation had sought for promotion to the post of Overseer. However, the Corporation had taken a stand that since a staff pattern revision was sought for, there would be reduction in the post of Overseers and that in fact stood against the promotion of the petitioners. It is submitted that the 1st and 2nd petitioners have already been retired from the service and the 3rd petitioner is said to have been subsequently promoted to the post of Overseer.

Hence the writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.