IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 16573 of 1997(W) ------------------------------------ PETITIONER(S): ------------------------ A.VINODKUMAR, ANOLI HOUSE, KARUVACHERRY, CALICUT – 10 WORKING AS DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, KOZHIKODE. BY ADV. MR.K.PRAVEEN KUMAR RESPONDENT(S): --------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (PS & GL), KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE IRRIGATION DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 4. RAGHAVAN.U., DRAFTSMAN GRADE II, P.H.SECTION, KERALA WATER AUTHORITY, KASARAGOD. R1 & R2 BY ADV.MR.SAJAN MANNALI, SC, KWA MR. J.KRISHNAKUMAR, SC, KWA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.29576/1997 IN O.P.NO.16573/1997W DISMISSED 21/05/2009 SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: EXTRACT OF THE LIST OF DRAFTSMAN GR.II ON 1/1/96 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE PROFORMA SUBMITTED BY THE PETITIONER. P3: COPY OF THE LETER NO.KWA/JB/SCC/14473/96 DTD.31/03/97 ISSUED BY THE 2ND RESPONDENT. P4: EXTRACT OF THE LIST OF DRAFTSMAN GR.II AS ON 1/1/96 PUBLISHED AS PER ORDER NO.KWA/JB/SCC/14473/96 DTD. 31/03/97 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 10/11/07. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- O.P No. 16573 of 1997-W ------------------------------ Dated this the 21st day of May, 2009. J U D G M E N T The main relief sought in this original petition is to quash Ext.P4 to the extent to which it assigns rank No.943 to the petitioner and higher ranks to those who had joined the service of the Kerala Water Authority after 16.9.1983. The petitioner has also prayed for a direction to respondents 1 to 3 to assign to him rank between Sl.Nos 787 and 788 in Ext.P4 seniority list, with all consequential benefits. By order passed on 20.2.1998 in C.M.P.No.5480 of 1998 this Court while allowing the impleadment of the fourth respondent in a representative capacity had directed publication of the notice in all editions of the Malayala Manorama daily. Though the draft paper publication was also approved by this Court on 3.3.1998 for publication in the news paper daily with hearing date fixed as 23.3.1998, the records do not show the petitioner has effected publication of the notice. The reliefs prayed for by the petitioner would affect a large number of persons who are not on the party array. Since the petitioner has not complied with the direction issued by this Court to publish the notice in all editions of the Malayala Manorama daily, the reliefs prayed for by the petitioner cannot be granted. The original petition is therefore dismissed for non joinder of necessary parties. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge