IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23445 of 2009(A) -------------------------- PETITIONERS: --------------- K.GOPALAKRISHNAN,S/O. K.KESAVAN, 2ND GRADE PUBLIC WORKS OVERSEER, SHORNUR MUNCIPALITY, RESIDING AT KUNNUTHARAYIL VEEDU, PUTHIYAVILA THEKKU, PATTOLI MARKET P.O., KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF MUNICIPALITIES, OFFICE OF THE DIRECTOR OF MUNICPALITIES, TRIVANDRUM. 3. THE CHIEF ENGINEER, LOCAL SELF GOVT. DEPARTMETN, TRIVANDRUM. 4. THE SHORNUR MUNCIPALITY, REPRESENTED BY ITS SECRETARY, SHORNUR. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23445 OF 2009 -------------------------- Dated this the 25th day of August, 2009 J U D G M E N T The petitioner is presently working as second grade Public Works Overseer in the Kerala Municipal Common Service. This writ petition is filed aggrieved by the rank and seniority assigned to the petitioner in Ext.P6 provisional seniority list of second grade Overseers in the Engineering Cadre of the Local Self Government Department. In this writ petition, the petitioner seeks rectification of the anomalies in Ext.P6 provisional seniority list of second grade Overseers. 2. The learned Senior Government Pleader appearing for respondents 1 to 3, on instructions, submits that the final seniority list was published on 31.7.2009 as per the proceedings issued by the Director of Urban Affairs and that if the petitioner is aggrieved by the rank and seniority assigned to him in the said final seniority list, his remedy lies in challenging the same in other appropriate proceedings. 3. Rule 27B of Part II of the KS&SSR confers on the petitioner the right to file an appeal challenging the rank and W.P.(C) No. 23445/09 2 seniority assigned to him in the final seniority list of Public Works Overseers that was published on 31.7.2009. Since the petitioner has an effective alternate remedy, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court at this stage. I, accordingly, dismiss this writ petition leaving open the petitioner's contentions and reserving liberty with him to file an appeal challenging the rank and seniority assigned to him in the final seniority list published by the Director of Urban Affairs on 31.7.2009, if he is aggrieved thereby, in other appropriate proceedings. P.N.RAVINDRAN, JUDGE vps