IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23601 of 2008(I) -------------------------------------- PETITIONER: ----------------- K.A.BABU, FIRST GRADE DRAUGHTSMAN, P.W.D.ROADS DIVISION, PALAKKAD. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE PWD DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, PWD, ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. THE DEPARTMENT PROMOTION COMMITTEE REPRESENTED BY ITS CHAIRMAN, THE CHIEF ENGINEER, PWD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.23601 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008 J U D G M E N T ------------------- The petitioner's father was an employee of the Public Works Department. He expired on 4.1.1990 while in service. Under the Scheme for compassionate appointment, the petitioner was appointed as Lower Division Clerk in the Registration Department and he joined duty in the said post on 9.7.1998. Later, he was appointed as First Grade Draughtsman in the Public Works Department. While preparing the seniority list of First Grade Draughtsman for the period from 1.4.1990 to 31.12.2005, the petitioner was given ranking reckoning his service as LD Clerk in the Registration Department as well. On noticing this and other defects in the seniority list, Exhibit P3 order was passed, wherein the rank earlier assigned to the petitioner was sought to be revised. The petitioner was called upon to file his objections to the proposal. In terms of Exhibit P3, petitioner submitted Exhibit P4 objection to the proposal set out in Exhibit P3 to alter his seniority. The petitioner has, in this Writ Petition, challenged W.P(C) NO.23601 OF 2008 -: 2 :- Exhibit P3 on the ground that he is entitled to have his seniority determined taking into account his past service in the Registration Department as well. 2. I have heard Shri Vinod Vallikappan, the learned counsel appearing for the petitioner and Smt. M.R. Sreelatha, the learned Government Pleader appearing for the respondents on notice. Exhibit P3 is only a proposal to alter the petitioner's seniority position in the rank list. The petitioner has submitted Exhibit P4 objection to the said proposal. Even before final orders are passed in the matter, it would not be proper for this Court to step in and consider the matter on the merits, merely because the petitioner apprehends that his objections will not be dealt with properly. Therefore this Writ Petition cannot be entertained and disposed of on the merits. In the result, the Writ Petition is disposed of with a direction to the second respondent to consider and pass a speaking order on Exhibit P4, if not already passed, within three months from the date of receipt of a copy of this judgment. Needless to say, the petitioner will be free to challenge the order passed on Exhibit P4 in other W.P(C) NO.23601 OF 2008 -: 3 :- appropriate proceedings and all his contentions in that regard are left open. P.N. RAVINDRAN, JUDGE. vsv