Ouseph P.O. vs State of Kerala

P.N. Ravindran, J.—Ext.P5 order passed by the 1st respondent, whereby the services of respondents 3 to 7 were regularized, is under challenge in this Original Petition. Ext.P5 order was passed on 28-7-2000. This Original Petition was filed immediately thereafter on 3-10-2000 apprehending that by such regularization, the petitioners'' rank and seniority will be adversely affected. Ext.P5 order is dated 28-7-2000. The petitioners have now retired from service. Therefore, according to me, at this distance of time, they cannot have any subsisting grievance. The Original Petition is accordingly closed as infructuous.

At the request of Sri. P. Santhalingam, the learned Senior Advocate appearing for the petitioners, the Original Petition was posted today for being spoken to. I heard the learned Counsel appearing for the petitioners and also the learned Counsel appearing for the respondents.

Ext.P5 order passed by the 1st respondent, whereby the services of respondents 3 to 7 were regularized, is under challenge in this Original Petition. Ext.P5 order was passed on 28-7-2000. This Original Petition was filed immediately thereafter on 3-10-2000 apprehending that by such regularization, the petitioners'' rank and seniority will be adversely affected.

When this Original Petition was admitted, this Court did not stay the operation of Ext.P5. Therefore, Ext.P5 has taken effect. Nearly nine years have passed after Ext.P5 order was passed. The petitioners have also retired from service. Therefore, the continuance of the party respondents in service will not any longer be adverse to their interests. However, the petitioners have a grievance that by reason of Ext.P5 the party respondents became their seniors and were promoted to higher posts, earlier than the petitioners.

In view of the fact that the petitioners are no longer in service, I am of the opinion that this is a matter which the petitioners can bring to the notice of the competent authority among the respondents by filing an appropriate representation. If the petitioners file such a representation before the Government within one month from today, the Government shall consider the same and pass orders thereon within three months from the date on which such representation is filed, after affording the petitioners a reasonable opportunity of being heard. I make it clear that I have not in any manner interfered with Ext.P5 and that the party respondents will be entitled to all the benefits flowing therefrom.

This Original petition is disposed of as above.