IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25086 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------- MANJUMOL, D/O. SOMAN, MALIYEKKAL HOUSE, ARIYIL, MLA ROAD, P.O.KUNNAMANGALAM, KOZHIKODE -673 571, NOW WORKING AS LD TYPIST COLLECTORATE, KOZHIKODE -30. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------------------- 1. LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, TRIVANDRUM,PIN- 695 033. 2. DISTRICT COLLECTOR, KOZHIKODE,PIN- 673 020. 3. ANANTHAN V., UPPER DIVISION CLERK, ALATHUR TALUK OFFICE, PALAKKAD DISTRICT,PIN- 678 004. 4. RANI MOL, UPPER DIVISION TYPIST, COLECTORATE, MALAPPURAM,PIN- 676 211. 5. P.T.DIVYA, UPPER DIVISION TYPIST COLLECTORATE, WAYANAD,PIN- 673 511. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LAND REVENUE DEPARTMENT TRIVANDRUM ,PIN-695 001. R1 & R2, R6 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25086/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A COPY OF THE CERTIFICATE ISSUED BY MEDICAL BOARD DT.4.6.1996 SHOWING THAT THE PETITIONER IS A HANDICAPPED PERSON. EXT.P2 A COPY OF THE PROCEEDINGS NO. A5 47361/03 DT.30.4.2005 OF THE 2ND RESPONDENT. EXT.P3 A COPY OF THE PROCEEDINGS DT.27.9.2008 OF THE IST RESPONDENT. EXT.P4 A COPY OF THE RELEVANT PORTION OF STATE-WISE PROVISIONAL SENIORITY LIST PUBLISHED BY THE IST RESPONDENT DT.3.3.2010. EXT.P5 A COPY OF THE ORDER OF THE IST RESPONDENT DT.2.7.2010 PROMOTING THE RESPONDENT 3 TO 5. EXT.P6 A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT DT.13.1.2011. EXT.P7 A COPY OF THE PROCEEDINGS DT.16.8.2011 OF THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 25086 OF 2011 ----------------------------------------------------------- Dated this the 23rd September, 2011. JUDGMENT The petitioner is a physically handicapped person who was appointed as a clerk-cum-typist and regularised as per Ext.P2 proceedings. Pursuant to her regularisation, her name was included in Ext.P4 seniority list published by the first respondent as rank No: 1247. Respondents 3 to 5 are persons who are junior to the petitioner ranked as serial Nos: 1264, 1278 and 1276 respectively. 2. The complaint of the petitioner is that respondents 3 to 5 have been promoted as Upper Division Typists as per Ext.P5 order, overlooking the seniority of the petitioner. The petitioner complains that supersession of the petitioner is without any basis, illegal and liable to be set aside. The petitioner has already submitted Ext.P6 representation to the first respondent setting out her grievances in detail. However, no orders have been passed thereon till date. While so, in reply to a query submitted by her father, Ext.P7 has been issued by the first respondent's office to the effect that the omission to promote the petitioner was because of WPC 25086/2011 2 the fact that her name had been omitted from the seniority list that was initially prepared, which was relied upon for the purpose of making the promotion. 3. It is clear from Ext.P7 that the promotions given to respondents 3 to 5 were on the basis of a seniority list that had been cancelled. Since Ext.P6 representation submitted by the petitioner is pending before the first respondent, it is sufficient that the same is directed to be considered and disposed of expeditiously. 4. This writ petition is in the above circumstances disposed of directing the first respondent to consider the grievances of the petitioner narrated in Ext.P6 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 3 to 5. K. SURENDRA MOHAN Judge jj WPC 25086/2011 3