IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 OP.No. 25140 of 2001(P) ------------------------------ PETITIONER(S): --------------- KORAH K. VARGHESE, SCIENTIFIC ASSISTANT GR.II, SOIL TESTING LABORATORY, CHEMBUKAVU, THRISSUR. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------------- 1. DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. K.N. KRISHNAN, ASSISTANT SOIL CHEMIST, SOIL TESTING LABORATORY, THIKKODI P.O., KOZHIKODE. 3. M.K. HARIKUTTAN NAIR, SCIENTIFIC ASSISTANT, SOIL TESTING LABORATORY, PADALAM, PATHANAMTHITTA DISTRICT. * 4. A. SAJEENA, SCIENTIFIC ASSISTANT (ON LEAVE) C/O. DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. (DELETED) (RESPONDENT NO.4 DELETED AS PER ORDER DT. 25/6/08 IN I.A.NO.1494/08) ADV. SRI.C.P.MOHAMMED NIAS FOR R2&3 GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 25140 of 2001 ORDER ON C.M.P.NO.41040 OF 2001 IN O.P.NO.25140 OF 2001 CLOSED. 29.1.2009 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF G.O.(MS)NO.1370/62/AGRI. DT. 22.12.1992. EXT.P2: COPY OF CIRCULAR DTD 7.11.1994 FROM THE DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. EXT.P3: COPY OF APPLICATION DTD 28.11.1994 BY THE PETITIENR TO 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER DTD 19.7.1996 OF THE 1ST RESPONDENT. EXT.P5: COPY OF THE JOINING REPORT DTD 20.6.1998 OF THE PETITIONER. EXT.P6: COPY OF THE ORDER DATED 29.6.1998 OF THE 1ST RESPONDENT. EXT.P7: COPY OF (EXTRACT) THE RELEVANT PORTIONS OF THE PROVISIONAL SENIORITY LIST OF SCIENTIFIC ASSISTANTS AS ON 1.1.2000. EXT.P8: COPY OF OBJECTION TO EXT.P7 SENIORITY LIST FILED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF FINAL SENIORITY LIST OF THE SCIENTIFIC ASSISTANTS GR.II AS ON 1.1.2000. EXT.P10: COPY OF OBJECTIN DTD 21.6.2001 BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.25140 OF 2001 ---------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT The petitioner is a Scientific Assistant in the Department of Agriculture of the Government of Kerala. By Ext.P7 dated 23.12.2000, the Administrative Assistant, Principal Agricultural Office, Thrissur – 20 published a provisional seniority list of Scientific Assistants as on 1.1.2000 calling for objections to the same, which were to be submitted by 20.2.2001. According to the petitioner, the petitioner objected to the seniority given to Sri. M.K. Harikuttan Nair, the 3rd respondent herein, above the petitioner by filing Ext.P8 which has not been considered while finalising the seniority list by Ext.P9. Therefore, the petitioner is seeking the following reliefs: (i) to call for the entire records which led Exts.P7 and P9 and (ii) to issue a writ of mandamus compelling the respondents to effect suitable alteration in Ext.P9 as has been pointed out in Exts.P8 and P10. (iii) to issue a writ of mandamus compelling the respondents to treat the petitioner as having posted as Scientific Assistant Grade II in the vacancy which O.P.No.25140/01 2 arose immediately after 14.5.1990. (iv) to direct the respondents to correct Ext.P9 final seniority list incorporating the name of the petitioner above respondents 3 and 4. (v) to direct that the petitioner is entitled to get posting as Soil Chemist earlier than the 2 nd respondent herein, and also the monetary benefits due to him in various respects. (vi) to pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; And; (vii) to award the cost of the petitioner in these proceedings. 2. No counter affidavit has been filed by the 1strespondent in this case. Although the learned Government Pleader tried to argue that Ext.P8 objection has not been received in time, she could not satisfy me with any material on record that her statement is correct. Ext.P8 is dated 18.2.2001. It is two days prior to the last date fixed for submitting the objections. In the absence of any affidavit stating that the same was not received in time, the 1st respondent is duty bound to consider Ext.P8. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider Ext.P8 objection of the petitioner against Ext.P7 seniority list. If the 1st respondent finds that the petitioner is entitled to any change in O.P.No.25140/01 3 seniority, Ext.P9 seniority list shall be revised accordingly, after hearing all parties, who are likely to be affected by such decision. The above exercise shall be taken up and completed within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd O.P.No.25140/01 4