IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 2317 of 2009(A) ------------------------- PETITIONERS: --------------- SHAMYNE.V.M. AGED 27 YEARS, W/O. JOJO ALEX ANTONY L.D.CLERK, NH (R) SUB DIVISION, ERNAKULAM RESIDING AT ELAPPILLY HOUSE, VENNALA PO, ERNAKULAM. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS: --------------- 1. THE CHIEF ENGINEER, PWD ADMINISTRATION THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER P.W.D. NH (R) DIVISION, MUVATTUPUZHA. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 2317 of 2009 -------------------------- Dated this the 6th February,2009 J U D G M E N T The petitioner, who is working as Lower Division Clerk, is seeking for a promotion to the post of U.D Clerk based on her seniority and acquisition of necessary qualifications. She was appointed as Lower Division Clerk under the compassionate employment scheme as per Exhibit-P1 order. Petitioner has passed the Manual of Office Procedure Test conducted by the Kerala Public Service Commission. She has also passed the Account Test (lower) conducted by the Kerala Public Service Commission and Kerala Public Works Department test conducted by the Kerala Public Service Commission in the year 2006. Therefore, the petitioner submits that she has obviously passed all the required test for promotion as U.D Clerk and to evidence the same Exhibits P2 to P4 have been placed before this Court. A provisional seniority list of L.D Clerks/L.D Typists have been W.P ( C) No. 2317 of 2009 2 published which is evidenced by Exhibit-P5. Final seniority list of LD Clerks for the period from 1.4.1990 to 31.12.2005 was published on 15.10.2008, which is produced as Exhibit -P9. She was assigned the seniority as Sl.No.420 therein. The petitioner points out that the 1st respondent has promoted various persons as per Exhibit-P10 dated 3.1.2009. The complaint raised by the petitioner is that her claim has not been considered so far. It is pointed out that even certain juniors to the petitioner who have been appointed in the year 2006 have also obtained promotion as U.D Clerk discarding her seniority. 2. In these circumstances, she has filed Exhibit- P11 representation before the Chief Engineer, PWD (Administration) seeking for grant of appropriate reliefs to her in the matter of promotion strictly in accordance with seniority and eligibility. 3. Heard learned Government Pleader also. 4. Since the petitioner has already claimed her due promotion before the 1st respondent, there will be a direction to the 1st respondent to consider the grievances W.P ( C) No. 2317 of 2009 3 raised by the petitioner in Exhibit-P11 in accordance with the ranking in the final seniority list and also in accordance with the stipulations of eligibility while considering the claims of others for promotion as U.D Clerk. The same shall be done within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 2317 of 2009 4 W.P ( C) No. 2317 of 2009 5