IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WA.No. 1091 of 2009() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.16873/2002 Dated 26/02/2009 .................... APPELLANT(S): NOT PARTIES IN THE OP ----------------------- 1. ALI.K.M., ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION NO.2, CHALAKUDY THRISSUR DISTRICT. 2. V.SANKARA PILLAI, ASISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, MANCOMB, ALAPPUZHA DIST. BY ADV. DR.K.P.SATHEESAN MR.K.K.GOPINATHAN NAIR MR. M.R.JAYAPRASAD MR. P.MOHANDAS (EKM) MR.MATHEW SUNNY RESPONDENT(S): PETITIONER AND RESPONDENTS 1 TO 3 IN THE OP. --------------------------- 1. SIVAKUMAR, ASSISTANT ENGINEER, INLAND NAVIGATION SECTION NO.III,CHACKAI, THIRUVANANTHAPURAM(PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, TRIVANDRUM. 2. B.SHAJI, ASSISTANT ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, TRIVANDRUM (PRESENTLY WORKING AS ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, TRIVANDRUM.) 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT SECRETARIAT, TRIVANDRUM. W.A. NO.1091/2009 4. THE CHIEF ENGINEER(IRRIGATION AND ADMINISTRATION), TRIVANDRUM. 5. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REP. BY THE CONVENER AND SECRETARY TO GOVT., IRRIGATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. R3 TO R5 BY GOVT. PLEADER MR.BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A. No. 1091 OF 2009 ------------------------------ Dated this, the 2nd day of February, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellants were not parties to the Writ Petition. They are Assistant Engineers with Diploma qualification, included in Ext.P3 seniority list of diploma holders for the period from 1.4.1990 to 31.1.1996 published on 4.2.2002. That seniority list was to be used for filling up 25% vacancies in the cadre of Assistant Executive Engineer. The writ petitioners are respondents 1 and 2. They are persons, included in Ext.P1 rank list of Assistant Engineers, who are degree holders. Ext.P3 dated 4.2.2002 was issued in supersession of Ext.P2 seniority list of Assistant Engineers, who are diploma holders, published on 14.4.1999. The Chief Engineer gave certain wrong reasons in Ext.P3 for revising Ext.P2. Therefore, Ext.P3 was challenged before this Court by respondents 1 and 2 and ultimately the learned Single Judge allowed the Writ Petition. The appellants herein point W.A. No.1091/2009 - 2 - out that Ext.P3 list was superseded and now the field is occupied by another seniority list of Assistant Engineers (diploma holders) published on 20.3.2006, as per Annexure-I. The penultimate paragraph of Annexure-I reads as follows: “This order supersedes order read as reference to 1 to 3rd published earlier”. Reference No.2 is Ext.P3. So, the respondents 1 and 2 pursued the challenge against the list which was already superseded. Therefore, the Writ Petition was liable to be dismissed as infructuous. 2. In view of the above position, we allow this Writ Appeal, reverse the judgment of the learned Single Judge and dismiss the Writ Petition. But, this will not affect the rights, if any, of the respondents 1 and 2 to challenge Annexure-I seniority, if they are aggrieved by it. (K. BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ps