IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19439 of 2008(L) -------------------------- PETITIONER: ------------ C.SARASWATHY AMMA, W/O.S.RADHAKRISHNAN NAIR, AGED 54 YEARS, CONFIDENTIAL ASSISTANT (SENIOR GRADE), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE LAND REVENUE COMMISSIONER, TRIVANDRUM. 4. SMT.PRASANNA KUMARI (SENIOR GRADE), DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).19439/2008 -------------------- Dated this the 27th day of June, 2008 JUDGMENT Petitioner is working as Confidential Assistant in the office of the Director of Health Services, Thiruvananthapuram. She commenced service as Typist on 8.8.1984 pursuant to the advice made by the PSC and was later promoted as Confidential Assistant. Petitioner refers to Exts.P1 and P2 and points out that she is included in the seniority list but the fourth respondent is not. Fourth respondent had actually commenced as Typist only on 5.11.1984. According to the petitioner, she is three months senior to the fourth respondent. Petitioner essentially contends that Typist and Confidential Assistant working in Various Departments belonged to a common pool under the Land Revenue Commissioner till 2006. Under Ext.P3, fourth respondent is treated as immediately senior to the petitioner and on that basis petitioner apprehends that promotion to the post of Selection Grade Confidential Assistant will be effected. Petitioner has submitted Ext.P4 before the Government which will have W.P.(C).19439/2008 2 to be treated as a representation against the seniority position shown in Ext.P3. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. In the result, writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P4 within a period of two months from the date of receipt of a copy of this judgment. Petitioner and fourth respondent shall be heard by the first respondent before a decision is taken on Ext.P4. Filling up of any vacancy in the post of Selection Grade Confidential Assistant shall be subject to the decision to be taken by the Government on Ext.P4. V.GIRI, Judge mrcs