IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37137 of 2008(U) ----------------------------------------- PETITIONER(S): ------------------------ V.I.VELAYUDHAN, 54 YEARS, S/O.ITTAN, STATION OFFICER, FIRE AND RESCUE STATION, KANJIKKODE, PALAKKAD. RESI: VALLOORTHODI HOUSE, MANKURUSSI, MANKARAI (VIA), PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. COMMANDANT GENERAL, FIRE AND RESCUE HEADQUARTERS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.37137 of 2008 ====================================== Dated this the 17th day of December 2008 JUDGMENT Heard Sri.U.Balagangadharan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Station Officer in the Fire and Rescue Services Department. He is aggrieved by the rank and seniority assigned to him in the final seniority list of Station Officers issued as per Ext.P4 order dated 8.9.2008. The petitioner submits that aggrieved by Ext.P4 final seniority list, he has filed Ext.P5 representation before the Secretary to Government, Department of Home Affairs under Rule 27B of Part II of the KS&SSR. In Ext.P5, he has sought modification of Ext.P4 final seniority list by assigning him rank and seniority between Sl.Nos.51 and 52 therein. In this Writ Petition, the petitioner inter alia prays for a direction to the first respondent to consider Ext.P5 representation and pass orders thereon within a time limit to be fixed by this Court. 3. Rule 27B of Part II of the KS&SSR empowers the Government to resolve disputes regarding seniority and matters connected therewith. The petitioner has in Ext.P5 invoked the said power of the Government. As the petitioner has invoked a statutory remedy available to him, the Government is bound to W.P.(C)No.37137 of 2008 2 consider the same and pass orders thereon. In these circumstances, I dispose of the Writ Petition with a direction to the Secretary to Government, Department of Home Affairs to consider Ext.P5 representation and pass orders thereon, after notice to and affording the petitioner and Station House Officers ranked above him up to Sl.No.51, an opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a copy of this judgment. P.N.RAVINDRAN, JUDGE css/