IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 26948 of 2007(G) --------------------------------------- PETITIONER: ------------------- M.M.SALEELAMOL, FULL TIME SWEEPER, KATTAPPANA GRAMA PANCHAYATH, KATTAPPANA, IDUKKI. BY ADVS. MR.J.JULIAN XAVIER, MR.FIROZ K.ROBIN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT (H) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, OFFICE OF THE DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATS, IDUKKI. 4. E.K.THANKAMANI, PRESENTLY WORKING AS FULL TIME SWEEPER, VELLATHOOVAL GRAMA PANCHAYAT UNDER ORDERS OF PROMOTION AS L.D.CLERK AT KONNATHADY GRAMA PANCHAYATH, IDUKKI DISTRICT. 5. B.SUJATHA, PRESENTLY WORKING AS FULL TIME SWEEPER, PEERUMEDU GRAMA PANCHAYATH, UNDER ORDERS OF PROMOTION AS L.D.CLERK AT PEERUMEDU GRAMA PANCHAYATH, IDUKKI DISTRICT. R1 TO R3 BY GOVT. PLEADER MR. P. NANDAKUMAR, R4 & R5 BY ADV. MR.M.V.BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26948/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 26/06/1996 OF THE TALUK PANCHAYAT OFFICER. EXT.P.2: COPY OF THE APPOINTMENT ORDER DTD. 26/06/1996 APPOINTING RESPONDENTS 4 AND 5 AS PART TIME SWEEPER. EXT.P.3: COPY OF THE PROVISIONAL SENIORITY LIST DT. 27/10/2004. EXT.P.4: COPY OF THE FINAL SENIORITY LIST DTD. 12/01/2005. EXT.P.5: COPY OF THE G.O.(MS).NO.186/06/LSGD DTD. 03/08/2006. EXT.P.6: COPY OF THE REPRESENTATION DTD. 03/10/2006 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.7: COPY OF THE REPRESENTATION FILED BEFORE THE R.2. EXT.P.8: COPY OF THE ORDER DTD. 13/10/2006 ISSUED BY THE R.3. EXT.P.9: COPY OF THE JUDGMENT DTD. 27/10/2006 IN W.P.(C).NO.28130/2006. EXT.P.10: COPY OF THE ORDER DTD. 04/07/2007 ISSUED BY THE R.1. EXT.P.11: COPY OF THE ARGUMENT NOTES SUBMITTED ON 02/06/2007 BEFORE THE R.1. EXT.P.12: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, KATTAPPANA GRAMA PANCHAYAT AS EARLY AS ON 11/12/2003. EXT.P.13: COPY OF THE REPRESENTATION DTD. 20/05/2005 FILED BY THE PETITIONER BEFORE THE SECRETARY, KATTAPPANA GRAMA PANCHAYAT. EXT.P.14: COPY OF THE LETTER NO. C3.50/05 DTD. 03/06/2005. EXT.P.15: COPY OF THE STATEMENT FOR THE DECLARATION OF COMPLETION OF PROBATION. EXT.P.16: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE SECRETARY, VANDANMEDU GRAMA PANCHAYAT. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE OBJECTION DTD. 19/11/2004 FILED BY THE R.5. EXT.R4.B: COPY OF THE DECLARATION OF PROBATION OF THE R.4. DTD. 07/01/2003. W.P.(C). NO.26948/2007-G: EXT.R4.C: COPY OF THE NOTICE DTD. 21/05/2007 FROM THE SECRETARY TO GOVERNMENT. EXT.R4.D: COPY OF THE REPRESENTATION DTD. 02/06/2007 FILED BY THE R.5. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.26948 OF 2007(G) -------------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T Challenge in this writ petition is against Ext.P10. 2. Petitioner and respondents 4 and 5 joined as Part Time Sweepers on 26.61996. They were made Full Time Sweepers with effect from 11.10.1998. In Ext.P3 provisional seniority list, petitioner was at Sl. No.36, respondents 4 and 5 are at Sl. Nos.38 and 40. However, in Ext.P4 final seniority list, petitioner was at Sl. No.42 and respondents 4 and 5 were at Sl. No.33 and 35. Petitioner represented against Ext.P4 by Exts.P6 and P7 and by Ext.P9 judgment of this court the 2nd respondent was directed to send Exts.P6 and P7 to the first respondent and the first respondent was directed to consider the objections. It was accordingly Ext.P10 order was issued which is under challenge in this writ petition. 3. A reading of Ext.P10 shows that apart from referring to the relative seniority position of the parties in Ext.P4 final seniority list, which itself was under challenge, there is no explanation what so ever as to why the seniority position as WPC .No. 26948/07 :2 : reflected in Ext.P3 provisional seniority list was upset and the seniority was assigned as shown Ext.P4. Therefore the grievance of the petitioner has not been adverted to in Ext.P10. For that reason without expressing anything on the merits of the contention raised I am inclined to set aside Ext.P10. Accordingly, Ext.P10 will stand set aside. The first respondent is directed to reconsider the matter as directed in Ext.P9, as expeditiously as possible and at any rate within 3 months from the date of receipt of a copy of the judgment, with notice to the petitioner. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/