IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 6150 of 2010(P) ------------------------- PETITIONER(S): --------------- C.A.PADMANABHAN, ASSISTANT EXECUTIVE ENGINEER, CIVIL CIRCLE, MEENCUT, CHITHIRAPURAM, IDUKKI DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUDHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDYUDHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. ADV. SRI. ASOK. M. CHERIAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6150 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st day of January, 2011. J U D G M E N T The petitioner is working as an Assistant Executive Engineer (Civil) in the Kerala State Electricity Board. He is aggrieved by Ext. P1 seniority list of Assistant Engineers (Civil) in the Degree quota published by the Board. One of the contentions raised by the petitioner is that prior to issuing Ext. P1 final seniority list, no provisional seniority list was published and no opportunity was given to the petitioner to file objections to the same. Therefore, Ext. P1 cannot be accepted as a final seniority list is the petitioner's contention. 2. Standing counsel for the respondents submits that Ext. P1 seniority list was prepared as per the directions in the judgment dated 18.8.2009 in W.P(C) No. 15834/2009. Since it was prepared as per the directions of this Court, it was not found necessary to issue a provisional seniority list and therefore no provisional seniority list was published inviting objections is his submission. 3. I have considered the rival contentions in detail. 4. The fact that this Court directed preparation of a combined seniority list of Assistant Engineers under the Degree quota, does not ipso facto mean that the Board should prepare a seniority list without following the procedure prescribed. The normal procedure for preparing a seniority list is that, first, a provisional seniority list has to be published, after considering objections to which the seniority list has to be published. Insofar as admittedly that procedure has not been complied with, Ext. P1 cannot be considered as a final seniority list. In the above circumstances, this writ petition is disposed of with the following directions: W.P(C) No. 6150/2010 -: 2 :- The respondents shall treat Ext. P1 as a provisional seniority list. The petitioner has already filed Ext. P2 representation in the matter, which shall be treated as objections to Ext. P1 seniority list. The 2nd respondent shall finalise the seniority list after hearing the petitioner and others who may be affected if the 2nd respondent is inclined to accept the contention of the petitioner in respect of his seniority, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.