IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 10594 of 2008(J) -------------------------- PETITIONER: ------------ 1. S.M.SHAHUL HAMEED, UPPER DIVISION CLERK, PUBLIC WORKS DEPARTMENT, BUILDING SUB DIVISION, ALAPPUZHA. 2. R.THANKAMANI BHAI, UPPER DIVISION CLERK, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, ALAPPUZHA. 3. HARI NAMPOOTHIRI.P.V., UPPER DIVISION CLERK, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, KUTTANAD, ALAPPUZHA. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINOD SRI.POOVAMULLE PARAMBIL ABDULKAREEM SRI.K.N.KUMARASWAMY SARMA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, ADMINISTRATION, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. SMT.SOSAMMA VARGHESE, HEAD CLERK, BUILDING SUB DIVISION, THODUPUZHA. 4. SRI.K.R.SAJEER, HEAD CLERK, ROADS SUB DIVISION, SULTHANBATHERY. 5. SMT.PADMAKUMARI, HEAD CLERK, BUILDINGS SUB DIVISION, PERINTHALMANNA. WP(C).No. 10594 of 2008 -2- 6. SMT. LATHIKA KUMARI, HEAD CLERK, N.H.SUB DIVISION, ALAPPUZHA. 7. SRI.SIVAPRASAD.V., HEAD CLERK, BUILDINGS SUB DIVISION, MANNARKKAD. 8. SRI.ABDUL JALEEL.E., HEAD CLERK, ROADS SUB DIVISION, PERINTHALMANNA. 9. SRI.AMIRJAN C.H., HEAD CLERK, N.H.SUB DIVISION, PALAKKAD. 10. SRI.D.RAJAN, HEAD CLERK, ELECTRICAL SUB DIVISION, PYNAV. 11. SRI.PRADEEP NATH.G., HEAD CLERK, N.H.SUB DIVISION, DEVIKULAM. 12. SRI.S.ANDREW, HEAD CLERK, BUILDINGS SUB DIVISION, MOONAR. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10594 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE SENIORITY LIST OF THE L.D.CLERKS PUBLISHED BY THE 2ND RESPNDENT ON 31.8.95 EXT.P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER EXT.P3- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER EXT.P4- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER EXT.P5- TRUE COPY OF THE STATEMENT FILED BY RESPONDENTS 2 AND 3 IN O.P.12496/2000 EXT.P6- TRUE COPY OF THE JUDGMENT IN O.P.12496 OF 2000 DATED 1.9.06 EXT.P7- TRUE COPY OF THE JUDGMENT IN W.A.152/07 EXT.P8- TRUE COPY OF THE PROCEEDINGS NO.S.C 2/2402/07 DATED 30.3.07 ISSUED BY THE 2ND RESPONDENT EXT.P9- TRUE COPY OF ORDER NO.35666/03 DATED 8.10.07 EXT.P10- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER EXT.P11- TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT ON 25.2.08 EXT.P12- TRUE COPY OF THE PROCEEDINGS NO.ED(2) 238/08 DATED 11.3.08 ISSUED BY THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).10594/2008 -------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioners are working as Upper Division Clerks in Public Works Department. According to them, they should have been promoted as U.D.Clerks since 1987 onwards. But their promotion was delayed and they have been assigned the dates 13.7.1989 and 11.8.1989 respectively in the cadre of U.D.Clerk. Petitioners claimed the date from 8.3.1987, the date on which their juniors were promoted. Though several contentions have been raised, learned counsel for the petitioners submits that, at this stage it will suffice if respondents are directed to consider Ext.P10 representation submitted by the third petitioner and similar representations filed by petitioners 1 and 2. After hearing counsel on both sides, writ petition is disposed of directing the second respondent to consider Ext.P10 and similar representations stated to have been filed by petitioners 1 and 2 and any other affected W.P.(C).10594/2008 2 parties and pass orders thereon, within a period of two months from the date of receipt of a copy of this judgment. Other contentions of the parties are left open. V.GIRI, Judge mrcs