IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 23626 of 2009(W) -------------------------- PETITIONER(S): ---------------------- SRI.M.P.NAZARUDEEN, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): ------------------------ 1. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION SERVICES, KERALA STATE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. SRI.VIJAYAKUMARAN NAIR.S., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R3 GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23626 OF 2009 (W) ===================== Dated this the 18th day of May, 2010 J U D G M E N T Petitioner is a Sergeant in the Medical Education Department. He is aggrieved by Ext.P2 provisional seniority list in so far as the 3rd respondent is assigned seniority over him. He filed objections to it. Thereafter, apprehending that the 3rd respondent is likely to be promoted to the post of Security Assistant, the writ petition was filed. 2. In para 4 of the counter affidavit filed by the 2nd respondent, it has been stated thus: There are only 3 posts of Security Assistants under the Directorate of Medical Education. One each at Medical College, Thiruvananthapuram/Medical College, Thrissur and Medical College, Kozhikode. All these three posts are occupied and presently there is no vacancy of Security Assistant. Out of the 3 Security Assistants, M.P.Rajagopal is due for retirement on 3.3.2010 and for this vacancy, 2 Sergeants M.K.Vijayakumar and M.R.Reghu, both of them senior to the 3rd respondent and the petitioner are awaiting promotion in the existing seniority list. The other 2 Security Assistants, Mr.P.K.Raghavan and Mr.K.Madhupal are due to retire only on 3.3.2012 and 31.3.2013 respectively and before that the 3rd respondent is due for retirement on 31.3.2011. From the above, therefore, it is evident that even if the 3rd respondent is assigned seniority over the petitioner, it is WPC No. 23626/09 :2 : inconsequential in so far as he is concerned. Therefore, recording the submission as contained in para 4 to the above effect, this writ petition is closed. ANTONY DOMINIC, JUDGE Rp