IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 OP.No. 32708 of 2000(R) ---------------------------------- PETITIONER(S): ---------------------- 1. S.R.GEETHA THANKACHY, RADIOGRAPHER GRADE I, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. M.BABY, RADIOGRAPHER GRADE I, P.I.P.M.S., MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU S.CHEMPAZHANTHIYIL RESPONDENT(S): ------------------------- 1. JOINT DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. RAMADEVI, RADIOGRAPHER GRADE I, DEPARTMENT OF RADIO DIAGNOSIS, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. M.A.SALIM, RADIOGRAPHER GRADE I, DEPARTMENT OF RADIATION, SAFETY DIRECTORATE, THIRUVANANTHAPURAM. 6. M.J.MARY, RADIOGRAPHER GRADE I, MEDICAL COLLEGE, KOTTAYAM. 7. P.V.RADHAKRISHNAN, RADIO GRAPHER GRADE I, MEDICAL COLLEGE, THIRUVANANTHAPURAM. OP.No. 32708 of 2000(R) 8. A.JYOTHI, RADIOGRAPHER GRADE I, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 9. S. SREEKUMAR, RADIOGRAPHER GRADE I, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 10. N. LETHA, RADIOGRAPHER GRADE I, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 11. K.P. RADHAKRISHNAN, RADIOGRAPHER GRADE I, DENTAL COLLEGE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER R4,5,7,8,9 & 11 BY ADV. SRI.PREMJIT NAGENDRAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.32708/2000-R ORDER ON CMP NO.55808/2000 IN O.P. NO.32708/2000 DISMISSED 11/12/2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.E2/27645/92/DME DATED 11/05/1999 OF THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER NO.E2/27645/92/DME DATED 10/06/1999 OF THE 1ST RESPONDENT. EXT.P3: COPY OF THE ORDER NO.E2/13480/99/DME DATED 02/11/2000 OF THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 10/11/2000 TO THE 3RD RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 10/11/2000 TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE ORDER NO.24436/E2/86/MCT DATED 13/10/1986 OF THE ADMINISTRATIVE OFFICER, MEDICAL COLLEGE, TRIVANDRUM. EXT.P7: COPY OF THE ORDER NO.EF2-35842/95/DHS DATED 07/11/1995 OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.32708 of 2000-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2008. JUDGMENT The challenge in this original petition is in respect of Ext.P3 proceedings of the first respondent whereby the seniority of various persons have been refixed in accordance with the directions in the judgment in O.P.No.13026/1992. It is submitted by learned counsel appearing for the party respondents that the said judgment was reversed in Writ Appeal No.1740/1999 and subsequently a Special Leave Petition was filed challenging the judgment of the Division Bench. Leave has been granted and the same has been converted as C.A.No.1343/2005 and the stay granted initially, has been vacated. Therefore, what governs the field now is the judgment in Writ Appeal No.1740/1999. It is therefore submitted that the original petition can be allowed subject to the outcome of the final judgment in C.A.No.1343/2005. 2. The complaint raised by the petitioners mainly is that Ext.P1 seniority list was properly published, pursuant to which they were promoted as per Ext.P2, but later on the said seniority list was revised as per Ext.P3 to their detriment. They claim seniority based on Exts.P1 and P2. OP 32708/2000 2 A reading of Ext.P1 shows that it is based on the judgment in O.P.No.13026/1992. Now that the Writ Appeal stands allowed, the legal consequences will follow. 3. Accordingly, the original petition is allowed subject to the final judgment in C.A.No.1343/2005. If the petitioners have got any further grievance apart from those raised in Exts.P4 and P5, they can point out the same to the competent authority and if so, the same will be considered and appropriate orders will be passed. The original petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 32708/2000 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. 32708 of 2000-R - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 11th December, 2008.