IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 23544 of 2000(C) ---------------------------------- PETITIONERS: --------------------- 1. VASANTHA ANDERIMETHAL, L.D. CLERK, CHIEF ENGINEER'S OFFICE, PROJECT-I, CALICUT -20. 2. M.T. PRAKASAN, L.D. CLERK, MINOR IRRIGATION DIVISION, KOZHIKODE - 20. 3. NANDAKUMAR.M.P., L.D. CLERK, IRRIGATION DIVISION, KOZHIKODE-20. 4. RAMESHAN.M.P., L.D. CLERK, MINOR IRRIGATION CIRCLE, KOZHIKODE. 5. T.H. MANOJKUMAR, L.D. CLERK, MECHANICAL SUB DIVISION, KOZHIKODE. 6. C. PRADEEPKUMAR, L.D. CLERK, IRRIGATION CIRCLE, KOZHIKODE-20. 7. M. BALASUBRAMANIAN, L.D. CLERK, MINOR IRRIGATION DIVISION, MALAPPURAM. 8. T. ANILKUMAR, L.D. CLERK, R.C.B (L.B), SUB DIVISION, THRITHALA. 9. M.T. MOHAMMED YOUSUF, L.D. CLERK, CHAMRAVATTOM PROJECT DIVISION, EASWARAMANGALAM, THAVANUR. O.P. 23544/2000-C: 10. K.P. BHARATHI, LD. CLERK, MINOR IRRIGATION DIVISION, KASARAGOD. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPT., SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, TRIVANDRUM. BY GOVT. PLEADER SRI. BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 39644/2000 IN O.P. NO. 23544/2000-C DISMISSED 29/02/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER NO. B3-10000/99 DTD. 27/04/99. EXT.P.2: COPY OF THE MODIFIED SENIORITY LIST ISSUED BY THE R.2. BY ORDER NO. IC3-16157/97 DT. 03/01/2000. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE P.3. TO THE R2. ON 17/05/99. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- O.P. No.23544 of 2000 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) to issue a writ of mandamus, order or direction commanding and compelling the respondents to grant promotion to the petitioners based on their seniority in the seniority list to the post of U.D.Clerk in the Irrigation Department. ii) to issue a writ of mandamus, order or direction directing the respondents to review all the promotions effected in the post of U.D.Clerk overlooking the seniority list and fill up the post of U.D.Clerk in the Irrigation Department strictly based on the seniority list as evident from Ext.P2. In view of the intervening developments in case the petitioners have still any grievance left, they may move the first respondent. In the event of the first respondent being moved as above within a period of two months from today, the matter shall be considered on merits with notice to the petitioners and other affected parties, if any, and appropriate orders in accordance with law in the matter shall be passed within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.23544 of 2000 ----------------------------------- JUDGMENT 29th February, 2008