IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 1380 of 2009(L) ------------------------------------ PETITIONER: ------------------- P.G.PRADEEP,UPPER DIVISION CLERK, OFFICE OF THE ASSISTANT DIRECTOR OF PANCHAYATS, PERFORMANCE AUDIT UNIT NO.III, NEDUMPASSERY, ERNAKULAM. BY ADVS. SRI.K.R.B.KAIMAL (SR.), SRI.B.UNNIKRISHNA KAIMAL, SRI.V.MADHUSUDHANAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP; BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. SMT.P.N.SOBHA,U.D.CLERK,OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS,ERNAKULAM. 4. SMT.P.V.SHEELAKUMARI,UPPER DIVISION CLERK,OFFICE OF THE ASSISTANT DIRECTOR OF PANCHAYATS,KAKKANAD, ERNAKULAM. R1 & R2 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1380/2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2009 J U D G M E N T The petitioner is an Upper Division Clerk working under the Director of Panchayats. He was appointed as Lower Division Clerk as per order dated 06/12/1995. The said appointment was under the scheme for compassionate appointment for dependents of Government servants dying- in-harness. The petitioner was granted appointment as dependent of his mother, Smt.K.Sathi Devi, who died on 01/07/1993 while working in the Grama Panchayat, at Karukutty. According to the petitioner, as provided under Rule 9(1) of the Kerala Panchayat Subordinate Service Rules, 1994, he has passed all the required tests which makes him eligible for promotion as Upper Division Clerk and to other higher posts. Hence, the petitioner was eligible for declaration of probation from 22/07/1998, which was later declared, as evidenced by Ext.P1. As far as the promotion to the post of Upper Division Clerk is concerned, the State wise seniority is the relevant factor. According to the petitioner, respondent Nos.3 and 4 commenced service in the Panchayat Department, Ernakulam District, after the petitioner joined service as Lower Division Clerk on 12/12/1995, and thus, they are juniors to the petitioner. In the State wise seniority list of Lower Division W.P.(C) No.1380/2009 -:2:- Clerks that was published by second respondent as per proceedings dated 21/01/1998, the petitioner was assigned rank No.144 whereas respondent Nos.3 and 4 were assigned rank Nos.426 and 431 respectively. 2. The petitioner was promoted as Upper Division Clerk as per Ext.P2 order, along with several others. In the provisional seniority list of Upper Division Clerk, the petitioner was placed at rank No.1601 with date of promotion as 02/07/1999. But respondent Nos.3 and 4 were assigned rank Nos.1540 and 1541 respectively with assigned date of promotion as 19/09/1998. Ext.P3 is the said order. In that view of the matter, the petitioner contends that overlooking the seniority of the petitioner, they have been assigned the relevant dates. The provisional seniority list was finalised as per Ext.P6 order. In the said list the petitioner is assigned rank No.1612 with date of promotion as 07/11/1998, whereas, respondent Nos.3 and 4 are placed at rank Nos.1562 and 1563 with date of promotion as 25/09/1998. The objection filed by the petitioner has been noted as 'petition rejected' without stating any reasons. In these circumstances, as enjoined under Rule 27 B of Part II K.S. & S.S.R, the petitioner has filed a representation dated 21/10/2008, produced as Ext.P7, challenging the dates assigned in the final seniority list. According to the petitioner, subsequent orders have been passed promoting persons ranked upto 1525 in Ext.P6 seniority list, as Head Clerks (Ext.P8). In that view of the matter, he has W.P.(C) No.1380/2009 -:3:- approached this Court with the prayer to issue appropriate directions to consider and pass orders on Ext.P7. 3. Ext.P7 dated 21/10/2008, has been submitted through the second respondent to the first respondent. The first respondent will consider and pass orders on Ext.P7 in accordance with law, after hearing the petitioner and respondent Nos.3 and 4, within a period of two months from the date of receipt of the copy of this judgment. The petitioner will produce a copy of the writ petition along with the copy of the judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms