IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 19607 of 2008(H) -------------------------------------- PETITIONER(S): ---------------------- SMT. ANNA T.M., W/O. JOHNY, PART TIME SWEEPER, KRISHI BHAVAN, KANICHAR, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. THE PRINCIPAL AGRICULTURAL OFFICER, KANNUR. 2. THE DISTRICT MEDICAL OFFICER (HEALTH), KANNUR. 3. THE DISTRICT COLLECTOR, KANNUR. 4. THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, ALONG WITH WPC NO. 22112 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19607/2008-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS)115//2006 DATED 23/11/2006. EXT.P2: COPY OF THE INTIMATION GIVEN TO THE PETITIONER FROM THE OFFICE OF ACCOUNTAT GENERAL (A&E) KERALA. EXT.P3: COPY OF THE TEMPORARY SENIORITY LIST PREPARED BY 3RD RESPONDENT DATED 11/07/2008. EXT.P4: COPY OF THE SENIORITY LIST FOR APPOINT AS HOSPITAL ATTENDANT GRADE II DATED 29/03/2008. EXT.P5: COPY OF THE JUDGMENT IN W.P.(C). NO. 11928/2008. EXT.P6: COPY OF THE PROCEEDINGS DATED 07/05/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.N.Ravindran, J. ===================== W.P(C).Nos.19607 & 22112 of 2008 ===================== Dated this the 6th day of November, 2008. JUDGMENT Heard Sri. C.K.Sreejith, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioners in these Writ Petitions are presently working as Part-time Sweepers in the Krishi Bhavans at Kanichar and Kadannapally respectively. Their grievance is that though they are qualified and eligible to be appointed by promotion as Hospital Attender Grade II in the 50% quota set apart for Part-time Sweepers, their names have not been included in Ext.P3 provisional seniority list of Part-time Sweepers eligible to be promoted to the post of Hospital Attender Grade II. As per Government orders dated 31.10.1990, 8.3.2006 and 16.5.2006 and circular No.16403/R 2/02/P & A.R.D. dated 16.5.2006, 50% of the vacancies of Hospital Attenders Grade II are to be filled up by promotion of Part-time Sweepers in the Health Services Department. The Government orders and the circular stipulate that the remaining 50% shall be filled up by promoting Part-time Sweepers in other departments, based on a common seniority list to be prepared by the District Collector. The petitioners' grievance is that though their names were included in the provisional seniority list prepared by the District WP(C) 19607/08 -: 2 :- Collector, their names have not been included in Ext.P3 final list though persons junior to them have been included. Ext.P2 produced along with W.P.(C) No.22112 of 2008 shows that the petitioners in both these Writ Petitions are included therein as serial Nos. 17 and 15 respectively. Smt.Sherly K.T. is serial No.19 therein. However, in Ext.P3 final list prepared by the District Collector on 29.3.2008, the names of the petitioners have not been included while the name of Smt.Sherly K.T. appears at serial No.15. Pointing out this fact, the petitioners submit that the District Collector has while preparing the list of Part-time Sweepers in departments other than the Health Services Department, omitted to inlude them in the list. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from Ext.P2 in W.P.(C) No.22112 of 2008 that in the provisional seniority list, the petitioners are included. However, in Ext.P3 final seniority list prepared by the District Collector, they are not included though persons ranked below them in Ext.P2 find a place therein. From Ext.P2 it is seen that Smt.Sherly K.T. employed as Part-time Sweeper in the Krishi Bhavan at Kottiyoor is ranked as serial No.19 therein, below the petitioners. However, though the petitioners are not included in Ext.P3 final seniority list, Smt.Sherly K.T. is included therein as serial No.15. Going by the seniority in Ext.P2, Smt.Sherly K.T. is admittedly junior to the petitioners. In any case, as all of them entered service on the same day, I find no WP(C) 19607/08 -: 3 :- justification in excluding the names of the petitioners from Ext.P3 final seniority list. 4. In these circumstances, I direct the District Collector to forthwith include the names of the petitioners also in the final seniority list evidenced by Ext.P3 at the appropriate place. After such inclusion their claim for promotion shall also be considered and if their juniors have been promoted, the petitioners shall also be promoted with effect from the date on which their juniors were promoted. The Writ Petitions are disposed of as above. P.N.Ravindran, Judge. ess 7/11