IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No. 382 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20519/2008 Dated 16/07/2008 .................... APPELLANTS/THIRD PARTIES: ------------------- 1. SURESHKUMAR.A., L.D.CLERK (HIGHER GRADE), OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. PREEJA C.S., L.D.CLERK, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENTS/PETITIONERS & RESPONDENTS:- ---------------------- 1. S.AJI, L.D.CLERK (HIGHER GRADE), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. S.S.SUJA, U.D.CLERK (HIGHER GRADE) DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY THE SECRETARY TO GOVT. HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. ADV.SRI.K.JAJU BABU FOR R1, R2. GOVT.PLEADER, SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, ALONG WITH WA NO. 1737 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------------------- W.A. Nos.382 OF 2009 & 1737 OF 2008 ----------------------------------------------------- Dated this the 23rd day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.A. No.382 OF 2009: The appellants are LD Clerks working under the Director of Technical Education. They say that the seniority list of LD Clerks/U.D.Typist has already been finalised and published as per Annexure A3 Circular dated 14.1.2005. As per the ranking in the seniority list, the appellants turn for promotion has already reached. 2. While so, the Director of Technical Education published Ext.P2, provisional seniority list of LDC/UD Typist on 8.5.2007, which was followed by another list, Ext.P5 dated 26.4.2008. The appellants aggrieved by the above lists have filed their objections, copies of which are Annexures A5 and A7, it is submitted. W.A Nos.382/2009 &1737/2008 2 3. While so, the respondents 1 and 2 herein approached this Court by filing W.P.(C) No.20519/2008 praying for a direction to finalise the seniority list of L.D.Clerks/U.D.Typist under the Director of Technical Education. They also claimed that the seniority list has to be finalised in the light of the law laid down by the Apex Court in Sudhakaran v. State of Kerala [2006(2)KLT 817]. The learned Single Judge directed that the 2nd respondent shall finalise the seniority list taking note of the law declared by the Apex Court in the above said decision. The appellants submit that the said decision was concerning the seniority dispute in the Registration Department and further the Technical Education Department was always considered as one unit for the purpose of seniority, promotion etc. Though recruitment was on district-wise basis, there were no district units for the said department, it is submitted. Therefore, the decision of the Apex Court in Sudhakaran v. State of Kerala has no application to the facts of this case. The learned Single Judge should not have issued such a direction without hearing the affected parties, it is submitted. On the above ground, the appellants prayed for reversal of the judgment of the learned Single Judge. W.A Nos.382/2009 &1737/2008 3 4. We heard the learned counsel for the respondents 1 and 2. They submitted that the decision in Sudhakaran's case will apply on all of fours to the facts of this case. In the Registration Department also the State level unit was in force and the official respondents in that case contended that there were no district units in the Registration Department. Therefore, the facts of that case are identical to the facts of this case and therefore the law in Sudhakaran's case will squarely apply in finalisation of the seniority list in the Technical Education Department also, it is submitted. 5. The learned counsel for the appellant seriously disputed the above submission. We do not propose to go into the merits of the above contention. But, we feel that such a direction should not have been issued by the learned Single Judge without hearing the affected parties. In view of the above position, it is ordered that the Director of Technical Education shall finalise the seniority list of L.D.Clerks/U.D.Typist in the department of Technical Education, within the time frame stipulated by the learned Single Judge. But, whether the decision of the Apex Court in Sudhakaran's case can be made W.A Nos.382/2009 &1737/2008 4 applicable in this case is left open. Both sides may urge their contentions and the Director of Technical Education may take into account the rival submissions, while finalising the seniority list. W.P.(C) No.1737/2008: Challenging the judgment in W.P.(C) No.20519/2008, the persons similarly placed like the applicants in W.A.No.382/2009 have preferred this writ appeal. The learned senior counsel for the appellant submitted that in the statement filed by the official respondents in the appeal they have taken a stand that they do not propose to disturb the settled seniority of persons appointed till the year 2004. We do not propose to go into the merits of the stand taken by the Government, at this stage. The Government may take a decision, in accordance with law, considering the objections filed by both sides. It is ordered that the directions issued in W.A.No.382/2009 will govern this case also. The Writ Appeals are disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps