IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11607 of 2008(F) -------------------------- PETITIONER: ------------ 1. P.BALACHANDRAN, WORKING AS HEAD CLERK, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, INSURANCE MEDICAL SERVICES, CALICUT, RESIDING AT POTHERA HOUSE, PAYYANNUR, KANNUR. 2. A.SIVAPRASAD, WORKING AS HEAD CLERK, ESI HOSPITAL, THOTTADA, KANNUR, RESIDING AT AZHIKKODAN VEEDU, CHIRAKKAL, KANNUR-670 011. BY ADV. SRI.A.R.GANGADAS SRI.JAGADEESH LAKSHMAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INSURANCE MEDICAL SERVICES, THYCAUD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11607/2008 -------------------- Dated this the 4th day of April, 2008 JUDGMENT Petitioners are working as Head Clerks in Insurance Medical Service and were appointed as L.D.Clerks on 31.7.1986 and 16.2.1987 respectively. According to them, there was an error in the rank assigned to them in Ext.P1 seniority list of U.D.Clerks published in 1999. Apparently, certain inter district transferees were given seniority with reference to the date of their original advice without providing for a forfeiture of their past services. This was brought to the notice of the Government under Exts.P2 and P3 representations and Government issued Ext.P4 communication to the Director of Insurance Medical Services requiring the seniority list to be revised taking note of the fact that an inter departmental/inter district transferee cannot re-claim the period of probation put in by him in the old unit/department, in the new unit/department of appointment. Petitioner submits that notwithstanding Ext.P4, further action has not been taken by the Director. First petitioner filed Ext.P5 representation in this regard. W.P.(C).11607/2008 2 After having heard learned Government Pleader also, writ petition is disposed of directing the second respondent to look into Ext.P5 and take further action thereon in the light of Ext.P4. If the consequential action affects any other person, such person shall also be heard before the action is taken. Needful shall be done within three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs