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. 23443 of 2009(A) -------------------------- PETITIONERS: --------------- 1. C.G.ASOKAN, S/O.GOPALAN, AGED 54 YEARS, JUNIOR SUPERINTENDENT, O/O.THE ASSISTANT DIRECTOR OF PANCHAYATS, THRISSUR. 2. M.RAMACHANDRAN, S/O.NARAYANAN NAIR, AGED 52 YEARS, JUNIOR SUPERINTENDENT OFFICE OF THE ASSISTANT DIRECTOR OF PANCHAYATS, PERFORMANCE AUDIT UNIT, THRISSUR. 3. P.B.PUSHPANGADHAN, S/O.BHASKARAN, AGED 54 YEARS, JUNIOR SUPERINTENDENT, ADATTU GRAMA PANCHAYATH, PURANATTUKARA, THRISSUR. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. 3. SRI.BINUN VAHEED, JUNIOR SUPERINTENDENT, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS, KOLLAM DISTRICT. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN 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. 23443 OF 2009 -------------------------- Dated this the 25th day of August, 2009 J U D G M E N T Heard Sri. M.Sajjad, the learned counsel appearing for the petitioners and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the third respondent. 2. The petitioners and the third respondent are Junior Superintendents in the Kerala Panchayat Subordinate Service. The dispute raised in this writ petition relates to the rank and seniority assigned to the petitioners and the third respondent in the seniority list appended to Ext.P9 proceedings issued by the Director of Panchayats, Thiruvananthapuram. The petitioners are promotees and the third respondent is a direct recruit. The manner in which the inter se seniority between direct recruits and promotees has to be determined is the main dispute raised in this writ petition. The pleadings disclose that aggrieved by the rank and seniority assigned to them in Ext.P9 seniority list, the petitioners have filed Ext.P10 series of appeals before the State Government under Rule 27B of Part II of the KS&SSR. In this writ petition the petitioners inter alia seek a direction to the Government to consider W.P.(C) No. 23443/09 2 the appeals filed by them and to pass orders thereon within a time limit fixed by this Court. 3. When this writ petition came up for hearing on 17.8.2009, the learned Government Pleader was requested to ascertain the probable time limit within which appeals filed by the petitioners can be heard and dispose of. Today, when the writ petition came up for further hearing, the learned Government Pleader appearing for respondents 1 and 2 submitted on instructions that the Government will consider Ext.P10 series of appeals filed by the petitioners and pass orders thereon within three months from the date on which the period of limitation prescribed in Rule 27B of Part II of the KS&SSR to file an appeal from Ext.P9 proceedings expires. Ext.P9 final seniority list was published on 10.8.2009. Therefore the period of limitation for filing an appeal under Rule 27B of Part II of the KS&SSR will expire only on 9.2.2010. The Government as the appellate authority cannot pass piecemeal orders on various appeals filed by different persons from the same final seniority list. The Government can pass only a consolidated order as otherwise the seniority position will go on changing. In such circumstances, I am of the opinion that the petitioners will have to wait till the period of limitation prescribed under the rules for filing appeals from Ext.P9 expires, before they can call upon the Government to exercise its appellate power. W.P.(C) No. 23443/09 3 I, accordingly dispose of this writ petition with a direction to the Government to consider Ext.P10 series of appeals and pass orders thereon within three months from the date on which the period of limitation of six months prescribed under Rule 27B of Part II of the KS&SSR for filing appeals from Ext.P9 expires. Needless to say, petitioners, the third respondent and any other person who is likely to be affected by the outcome of Ext.P10 appeals shall also be afforded a reasonable opportunity of being herd. The Government shall pass an order giving reasons and after orders are passed, communicate copies thereof to all the parties concerned. P.N.RAVINDRAN, JUDGE vps