IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 17262 of 2007(E) ---------------------------------------- PETITIONER: --------------------- SMT.P.ROHINI, W/O MANI, AGED 54, RESIDING AT 'DINESH NIVAS', NEAR MILK SOCIETY, CHALAD P.O., KANNUR - 670014. WORKING AS PEON, MUNCIPALITY, KANNUR. BY ADV. SRI.P.JACOB VARGHESE SRI.TOM JOSE (PADINJAREKARA) SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SMT.PRAISHEEL PRAKASAM SMT.NISHA JOHN RESPONDENTS: ------------------------- 1. KANNUR MUNICIPALITY, KANNUR DISTRICT, REP. BY THE SECRETARY. 2. THE DIRECTOR, URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. MR. SADATH ALI KALEEMA, DEFEDAR, KANNUR MUNICIPALITY, KANNUR DISTRICT. R1 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL SMT.K.K.CHANDRALEKHA SRI.SUDHEESH THAROL BY GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17262/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.G-14658/01 DTD. 28/04/07 BY THE 1ST RESPONDENT. EXT.P2: COPY OF RECEIPT OF THE REPRESENTATION ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.17262 of 2007 ------------------------- Dated this the 23rd day of January, 2008. JUDGMENT The petitioner is a peon working in the 1st respondent Municipality. She joined the service of the Municipality on 26.6.1992. When a post of the 'Defedar' arose in the Municipality, she aspired for promotion. But the 4th respondent was promoted as per Ext.P1. This has been challenged by the petitioner in Ext.P2 representation filed before the Municipality. According to the petitioner, 4th respondent entered service of the 1st respondent on 26.6.1993 and is therefore to be treated as a junior to the petitioner. 2. In the statement filed by the 1st respondent, it is stated that the 4th respondent had joined the Corporation on 19.7.1991 and had joined the service of the 1st respondent on 26.6.1993 whereas the petitioner had joined the 1st respondent on 26.6.1992. There is a doubt as to which date is to be preferred as regards the 4th respondent is concerned for promotion to the post of Defedar and a clarification has been sought for from the Director of Urban Affairs. W.P.(C).NO.17262/07 :: 2 :: After hearing the counsel on both sides, the writ petition is disposed of directing the 2nd respondent to take a decision as regards the inter se seniority of the 4th respondent and the petitioner on the clarification sought for by the 1st respondent in the matter of promotion to the post of Defadar under Ext.P1. To enable the 2nd respondent to do so, petitioner shall produce a copy of this judgment along with a copy of the writ petition and the statement of the 1st respondent filed herein, within a period of three weeks from today. The 2nd respondent shall take a decision, as mentioned above, on or before 25.02.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy//