IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 8927 of 2008(K) PETITIONERS: ---------------- 1. SIMON VARGHESE, JUNIOR SUPERINTENDENT DDP OFFICE, KOTTAYAM. 2. P.V.RAJEEV,JUNIOR SUPERINTENDENT ADP OFFICE, KOTTAYAM. 3. P.P.SHELLA JUNIOR SUPERINTENDENT DDP OFFICE, KOTTAYAM. 4. ABDUL SALAM, JUNIOR SUPERINTENDENT, DISTRICT PANCHAYAT OFFICE KOTTAYAM. 5. K.N.MOHANAN JUNIOR SUPERINTENDENT, DISTRICT PANCHAYAT OFFICE KOTTAYAM. 6. PHILOMINA JOSEPH,JUNIOR SUPERINTENDENT, PAUI,KOTTAYAM. 7. P.M.SEMEENA, JUNIOR SUPERINTENDENT, THALAYOLAPARAMPU GRAMA PANCHAYAT 8. K.R.OMANA,JUNIOR SUPERINTENDENT, KATTAPANA GRAMA PANCHAYAT KATTAPANA. 9. S.LATHIKAKUMARY JUNIOR SUPERINTENDENT, ERUMELY GRAMA PANCHAYAT WP(C).No. 8927 of 2008 :: 2 :: 10. RAJALEKSHMY, JUNIOR SUPERINTENDENT, ADIMALY, IDUKKI. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATS THIRUVANANTHAPURAM. 3. BINUN VAHEED, JUNIOR SUPERINTENDENT OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS KOLLAM. 4. V.X.RUBENS,JUNIOR SUPERINTENDENT PERFORMANCE AUDIT UNIT-11 ERNAKULAM. 5. K.J.JOY, JUNIOR SUPERINTENDENT VENGOLA GRAMA PANCHAYAT ERNAKULAM DISTRICT. 6. P.G.PRAKASH, JUNIOR SUPERINTENDENT PUNNAPRA SOUTH GRAMA PANCHAYAT ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 8927 OF 2008 ----------------------------------- Dated this the 19th day of March, 2008 JUDGMENT Petitioners are Junior Superintendents in the Kerala Panchayat Subordinate Service. Ext.P2 seniority list for Grama Panchayat Secretary for the period from 01.05.01 to 31.10.05 was finalised and this shows that respondents 3 to 5 are juniors to the petitioners. Apparently, the 3rd respondent filed an application under Rule 27B of the Kerala State and Subordinate Services Rules in relation to Ext.P2. This was allowed, accepting the claim of the 3rd respondent, as is evident by Ext.P5. Petitioners are aggrieved by Ext.P5. It is inter-alia contended that the petitioners were not heard before the Government passed Ext.P5. 2. On 17.03.08, this court requested the Government Pleader to get instructions whether the petitioners were heard before Ext.P5 order was passed. The Government Pleader submits that the petitioners were not heard before passing Ext.P5. Learned counsel for the 3rd respondent also affirms the same. The petitioners ought to have been heard before passing Ext.P5. In the circumstances, the Writ Petition is disposed of in the following terms: WPC No. 8927 OF 2008 :: 2 :: The Government shall treat Ext.P5 as a show cause notice and the petitioners shall be entitled to file objections thereto within a period of one month from today. Since there are other persons who will be affected by the acceptance of the claim contained in Ext.P5, all such affected persons shall be given notice of Ext.P5 as also the directions contained in this judgment. Thereafter final orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. I make it clear that the Government shall not commit the same mistake of hearing some affected persons and leaving out others, before fresh orders are passed. Sd/- (V. GIRI) JUDGE sk/ //true copy// P.S. To Judge