IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 6941 of 2008(B) ------------------------- PETITIONERS: ------------------- 1. C.PRAKASAN, 49 YEARS, S/O.C.N.KRISHNAN NAIR, DRIVER GRADE II, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE, RESI: PRAMEELA NIVAS, MAKKADA P.O., KOZHIKODE. 2. K.VIJAYANAN NAIR, 46 YEARS, S/O.ACHUTHAN NAIR, DRIVER GRADE II, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE, RESI: KOZHIKULATHIL HOUSE, PO KONOTE, KUNNAMANGALAM, KOZHIKODE. 3. P.GANGADHARAN NAIR, 52 YEARS, S/O.MADHAVAN ERADI, DRIVER GRADE II, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE, RESI: PUTHIYEDATH HOUSE, PUNNASSERY P.O., KOZHIKODE. 4. O.BABURAJ, 44 YEARS, S/O.O.BHASKARAN, DRIVER GRADE II, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE, RESI: OZHIYIL HOUSE, PILASSERY POST, KUNNAMANGALAM, KOZHIKODE. 5. N.KARUNAKARAN, 52 YEARS, S/O. M.NARAYANAN NAIR, DRIVER GRADE II, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE, RESI: VADAVATH HOUSE, CHALIYAM P.O., KOZHIKODE. 6. A.RAGHAVAN, 50 YEARS, S/O.KELU NAIR, DRIVER GR.II, KSRTC KOZHIKODE DEPOT, KOZHIKODE, RESI: AYIMBALATH HOUSE, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE. 7. N.K.SUNIL DATH, 48 YEARS, S/O.VELUKUTTY, DRIVER GR.II, KSRTC KOZHIKODE DEPOT, KOZHIKODE, RESI:NADUKANDI HOUSE, NALLALAM P.O., KOZHIKODE. 8. P.P.SASIDHARAN, 46 YEARS, S/O.MADHAVAN NAIR, DRIVER GR.II, KSRTC KOZHIKODE DEPOT, KOZHIKODE, RESI: THAROKANDI HOUSE, ARIKKULAM, QUILANDY, KOZHIKODE. 9. K.SOMASUNDARAN, 50 YEARS, S/O.K.K.APPUNNI NAIR, DRIVER GR.II, KSRTC KOZHIKODE DEPOT, KOZHIKODE, RESI: PORUR HOUSE, MC COLLEGE POST, UMMALATHUR, KOZHIKODE. 10. A.DASAN, 48 YEARS, S/O. CHEKU, DRIVER GR.II, KSRTC KOZHIKODE DEPOT, KOZHIKODE, RESI: AMBALAPARAMBIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ---------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOZHIKODE DEPOT, KOZHIKODE. ADDL. R3 TO R7 IMPLEADED. 3. K.K. SOMAN, AGED 48 YEARS, S/O. K.K. KUMARAN, KAICHIRA, KAIPURAM, MUHAMMA P.O., CHERTHALA. 4. P.M. CHANDRASENAN, AGED 48 YEARS, S/O. MADHAVAN, MALIAKKAL HOUSE, KACHAPPALLY ROAD, VYTTILA, COCHIN. 5. K.X. JENSON, 46 YEARS, S/O. K.K. XAVIER, KINKARANTHARA HOUSE, AROOR P.O. 6. P.T. SASIDHARAN, AGED 48YEARS, S/O. THANKAPPAN, PUTHUKADANCHERY HOUSE, KUMBALANGI SOUTH P.O., COCHIN- 7. 7. JOSY MENTUS, 50 YEARS, S/O. JOSEPH MENTUS, KANACHAKAND, EDAKOCHI, COCHIN-6. ADDL. R8 TO R11 IMPLEADED. 8. JOLLY P. ANTONY, AGED 49 YEARS, S/O. P.C. ANTONY, PLAVELIL HOUSE, KUZHUR P.O., THRISSUR-34. 9. K.R.AMBUJAKSHAN, AGED 52 YEARS, PADINJAREPARAMBIL HOUSE, ELANDIKARA P.O., ERNAKULAM-94. 10. M.K. MURALI, AGED 48 YEARS, MUDILIKULAM HOUSE, ANNALLUR P.O., VIA CHALAKUDY, THRISSUR-07. 11. N.R. INDRAN,AGED 44 YEARS, NALUMAKKAL HOUSE, PALLAT P.O., THRISSUR-63. ADDL. R3 TO R7 IMPLEADED AS PER ORDER DATED 28.5.2008 IN I.A.6165/08. ADDL. R8 TO R11 IMPLEADED AS PER ORDER DATED 3.7.2008 IN I.A. 8100/08. BY SC. SRI. JOHNSON P. JOHN. BY ADV. SRI.BABU KARUKAPADATH FOR ADDL.RPTS.8 TO 11 SRI.BLAZE K.JOSE FOR ADDL.RES. 3 TO 7 SRI.K.K.SUNIL KUMAR (IDUKKI) FOR ADDL.RES.3 TO 7 SMT.M.A.VAHEEDA BABU FOR ADDL.RES.8 TO 11 SRI.JAGAN GEORGE FOR ADDL.RES.8 TO 11 SRI.K.A.NOUSHAD FOR ADDL.RES.8 TO 11 SRI.P.G.PRAMOD FOR ADDL.RES.8 TO 11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, ALONG WITH WPC NO. 9306 OF 2008 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 6941/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : APPOINTMER ORDER NO. PLA 6/026300/2000 DATED 7.7.2000 ISSUED BY THE FIRST RESPONDENT. EXT. P2 : DRAFT SENIORITY LIST OF DRIVER GRADE II DRAWN AS ON 22.1.2008.(RELEVANT PAGES) EXT. P3 : REPRESENTATION DATED 5.2.2008 SUBMITTED BY THE FIRST PETITIONER TO THE FIRST RESPONDENT. EXT. P4 : LAWYER NOTICE ISSUED TO THE 2ND RESPONDENT ON 18.2.2008. EXT. P5 : LETTER OF LAWYER TO THE 1ST RESPONDENT TO ISSUE NECESSARY DIRECTION TO THE 2ND RESPONDENT ON 18.2.2008. RESPONDENTS' EXTS: EXT. R3 (a) : A TRUE COPY OF THE RANK LIST DATED 11.5.2000 PUBLISHED BY THE KPSC IN THE PSC BULLETIN. EXT. R3(b) : A TRUE COPY OF THE SELECTION LETTER DATED 22.6.2000 FROM THE PSC TO THE 3RD RESPONDENT. EXT. R3(c) : A TRUE COPY OF THE APPOINTMENT ORDER DATED 6.7.2000 FROM THE KSRTC TO THE 3RD RESPONDENT. EXT. R3(d) : A TRUE COPY OF THE SENIORITY LIST IN ACCORDANCE WITH THE RANK AFTER WORKING OUT THE RESERVATION AND ROTATION FOLLOWING RULE 14-17 OF KS & SSR. EXT. R3(e) : A TRUE COPY OF THE NOTICE DATED 2.4.2008. EXT. R3(f) : A TRUE COPY OF THE MEMORANDUM NO.PL/18/32621/2005 DATED 16.4.2008 OF THE 1ST RESPONDENT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) Nos.6941, 9306, 16932 & 18278 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2008. JUDGMENT All these writ petitions being connected, they are disposed of by a common judgment. The complaint in the writ petitions is essentially as follows: Petitioners were working as Drivers. They were initially recruited as Reserve Drivers. Seniority list has been published and the senior-most drivers were given an opportunity to exercise option to select trips and routs convenient to them. It is while so, the second respondent has published a seniority list (draft) for allotment of schedules. It is their complaint that it does not contain the relevant particulars and it is stated that it is going to affect the seniority positions adversely. It is also their complaint that the draft seniority list has not been circulated among the staff and objections were not called for. 2. The contention of the party respondents is that at the time when the advise was made it was made clear in the appointment order itself that the Sl. Number in the advice list is provisional and now KPSC has finalized the seniority after following Rules 14 to 17 of K.S. & S.S.R. It is WPC. Nos.6941/08 & con.cases. 2 contended that it is made clear in the initial stage that the appointment is provisional and subject to finalization in accordance with the Rules. 3. Today, when the matter came up, learned Standing Counsel points out that a draft list has been published in all the Units and the Officers have also been directed to point out anomalies in the list and the matter can be finalized. He also submits that it is open to the petitioners also to raise their objections to the draft list and that will be considered. In the light of this, the writ petitions are disposed of as follows: I record the submission of the learned Standing Counsel that the respondent Corporation has published draft list in all the units of the Corporation. I make it clear that the petitioners, who are aggrieved by the draft list may point out their objections to the draft list within a period of one month from today. Thereafter the Corporation will finalize the matter and take a decision in accordance with law within a period of three months from today. Till such time as a decision is taken, the interim order passed in the petitions will continue. (K.M. JOSEPH, JUDGE) sb