IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WA.No. 108 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.32127/2010 Dated 12/11/2010 .................... APPELLANT: 3RD RESPONDENT ---------------------------------- GEETHAMANI ANTHARJANAM, HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, MUTHUKULAM, ALAPPUZHA DISTRICT, PIN-690 560. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 ----------------------------------------------------------- 1. HAMSA ISMAIL, HEALTH SUPERVISOR, MEDICAL COLLEGE HEALTH UNIT, CHEROOPA POST, KOZHIKODE-673 661. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM-695 001. ADV. SRI.M.V.BOSE FOR R-1 SRI.VINOD MADHAVAN FOR R-1 GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.108/2011 APPENDIX ANNEXURES: ANNEXURE 1- TRUE COPY OF THE PROVISIONAL SENIORITY LIST DATED 24.11.2010. ANNEXURE II TRUE COPY OF THE NEW FINAL SENIORITY LIST ISSUED ALONG WITH ORDER DATED 14.3.2011. ANNEXURE III TRUE COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE APPELLANT DATED 18.3.2011. RESPONDENTS' ANNEXURE NIL. // TRUE COPY // P.S. TO JUDGE. knc/ C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 108 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This writ appeal is filed against the judgment of the learned single Judge in a writ petition filed by the first respondent in the writ appeal claiming seniority over the appellant. However, what we notice from the judgment is that the learned single Judge did not consider the first respondent's claim over the appellant. On the other hand, a statement filed by the official respondent, namely, the Director of Health Services, was recorded by the learned Single Judge in the judgment and the matter was closed. The appellant's grievance appears to be from the statement furnished by the Director of Health Services wherein it is stated that the seniority in the higher position will arise only when revision is effected in the seniority list of Junior Health Inspector Gr.II, which was published on 25.2.2007. The appellant's case is that the seniority list referred to by the Director of Health Services in his report has not become final and the appellant herself has filed an appeal against the same as per Anmnexure III. We do not think the statement filed by the third respondent and recorded W.A. 108/2011 2 by the learned Single Judge will in any way affect the appellant's right to challenge the seniority list finalised at lower level or revised, if she has challenged the same. If the appellant has filed any appeal or has challenged the seniority list at lower level, the same has to be considered necessarily first. In other words, the judgment should not be taken as having the effect of finalising any seniority list at lower level, as the correctness of the same is under challenge. Leaving open the right to pursue the appeal filed by her and to challenge the decision, if any, taken against the fixing of seniority at lower level, we close the writ appeal. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) Knc/-