IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 22137 of 2004(I) -------------------------- PETITIONER(S): --------------- SMT.S.ROSE MARY, U.D.CLERK (HIGHER GRADE), GOVT.L.V.H.S., ARAYOOR, PARASSALA, THIRUVANANTHAPURAM DIST. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------- 1. THE DY.DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP: BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. NALLASIVAN PILLAI C., UPPER DIVISION CLERK, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PAY FIXATION ORDER ISSUED BY THE 2ND RESPONDENT DATED 23.8.1986 EXT.P2 TRUE COPY OF THE PAY FIXATION ORDER ISSUED BY THE HEADMISTRESS, GOVT. H.S. POOJAPPURA DATED 28.2.1996 EXT.P3 TRUE COPY OF THE PAY FIXATION ORDER ISSUED PURSUANT TO G.O.(P) 3000/98/FIN DATED 25.11.1998 EXT.P4 TRUE COPY OF THE CIRCULAR NO. SY2/160750/02/DPI DATED 27.11.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.12.2002 EXT.P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 16.1.2003 EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.1.2003 EXT.P8 TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 21.8.2003 EXT.P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 9.7.2003 EXT.P10 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16.10.2003 WITH OUT ANNEXURE. EXT.P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 18.11.2003 EXT.P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 38906 OF 2003 DATED 10.12.2003 EXT.P13 TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT G.O.(Rt) NO. 2813/04/G.EDN. DATED 5.7.2004. EXT.P14 TRUE COPY OF THE SENIORITY LIST PUBLISHED BY THE 2ND RESPONDENT AS PER ORDER NO. SY2/160750/02/DPI DATED 31.12.2003 EXT.P15 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF VACANCIES OF UD CLERKS FROM 15.12.1983 TO 10.12.1985 EXT.P16 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT NO. C5/74319/89/DPI DATED 26.11.1990. EXT.P17 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 11.8.1986 EXT.P18 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC 15667/2005 DATED 2.8.2006 EXT.P19 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 20.9.2006 3 EXT.P20 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 5.10.2006 EXT.P21 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 11.8.2006 EXT.P22 TRUE COPY OF THE PROCEEDINGS ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 21.4.2007 EXT.P22 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 28.4.2008 EXT.P23 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9.5.2008 EXT.P24 TRUE COPY OF PROCEEDINGS OF THE PERSONAL ASSISTANT TO TEXT BOOK OFFICER, THIRUVANANTHAPURAM DATED 5.4.2008 EXT.P25 TRUE COPY OF THE LETTER ISSUED BY THE TEXT BOOK OFFICER, THIRUVANANTHAPURAM DATED 5.4.2008 EXT.P26 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 27.6.2005 EXT.P27 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 17.11.2008 RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE ORDER DATED 1.11.1989 EXT.R2(b) TRUE COPY OF THE PROVISIONAL SENIORITY LIST. EXT.R2(c) TRUE COPY OF THE ORDER NO. SY (2) 48632.07 DATED 5.5.2008 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 22137 OF 2004 -------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT The prayer in the Writ Petition is for direction to respondents to fix petitioner's seniority in the list of Upper Division Clerk with effect from the date on which she was given original promotion on 28.2.1986. However, respondent shave filed counter affidavit particularly after interim order dated 28.11.2008, stating that the promotion given to the petitioner and 16 others were irregular and consequently the said 17 persons were reverted by order dated 1.11.1989. However, all these 17 persons, including the petitioner, were later promoted. Even though provisional seniority list for the period 1989-1995 was published, petitioner did not raise objection against seniority. However, petitioner has now challenged the seniority list prepared for the period commencing from 1.1.1986 to 31.12.1988 and the claim of the petitioner is that she should be given seniority from the date on which she was wrongly promoted on 28.2.1986. I do not think petitioner's prayer can be granted. Wrong promotion of petitioner and 16 others 2 were later corrected and she was reverted along with others. Petitioner's case is that even after the so-called demotion she continued to work as Upper Division Clerk. Respondents have in the counter affidavit stated that petitioner all through worked in a School where there is only one Clerk, and her claim that she worked as UD Clerk is factually incorrect. I do not find any justification to entertain the plea of the petitioner because promotion wrongly given to her on 28.2.1986 along with 16 others were corrected and none of the others who are senior to petitioner has any grievance. W.P.C. therefore fails and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3