IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36865 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. S.VAHEEDA, W/O. SALABUDEEN, U.D.CLERK (HIGHER GRADE) WATER SUPPLY DIVISION OFFICE,KERALA WATER AUTHORITY, KOLLAM. 2. VIJAYAKUMAR R.K., S/O.P.KUNJAN PILLAI,U.D.CLERK (HIGHER GRADE) KERALA WATER AUTHORITY HEAD OFFICE THIRUVANANTHAPURAM. 3. P.M.ANNIE, W/O. MATHEW VARGHESE,U.D.CLERK (HIGHER GRADE) P.H.DIVISION,KERALA WATER AUTHORITY ALAPPUZHA. 4. VASANTHAKUMARY .S., U.D.CLERK (HIGHER GRADE) SWERAGE MAINTENANCE SUB DIVISION, PATTOOR THIRUVANANTHAPURAM. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): ------------------ 1. KERALA WATER AUTHORITY, REP.BY THE ITS MANAGING DIRECTOR, JALABHAVAN,VELLAYAMBALAM THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY SC SRI.J.KRISHNA KUMAR KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36865 of 2008 ====================================== Dated this the 17th day of December 2008 JUDGMENT Heard Sri.M.V.Thamban, the learned counsel appearing for the petitioners and Sri.J.Krishna Kumar, the learned standing counsel appearing for the Kerala Water Authority. 2. The petitioners are Upper Division Clerks in the Kerala Water Authority. They have, aggrieved by the rank and seniority assigned to them in Ext.P8 final seniority list of Upper Division Clerks issued by the Chief Engineer as per Order dated 28.10.2008, submitted Exts.P7, P7(a), P7(b) and P7(c) representations before the Managing Director of the Kerala Water Authority. In this Writ Petition, the petitioners inter alia pray for a direction to the Managing Director of the Kerala Water Authority to consider the said representations and pass orders thereon, within a time limit to be fixed by this Court. 3. Since the petitioners have already moved the Managing Director of the Kerala Water Authority complaining about the rank and seniority assigned to them in Ext.P8 final seniority list, it is for that authority to consider whether there is any merit in the grievances voiced by the petitioners. The final seniority list was published as per Order passed on 28.10.2008. Ext.P7 series of representations were submitted on 7.12.2008. This Writ Petition is filed immediately thereafter. Since the dispute relates to W.P.9C)No.36865 of 2008 2 seniority, the Managing Director of the Kerala Water Authority will have to hear the persons who are likely to be affected, if the claims of the petitioners are upheld. Therefore the Managing Director will have to be conceded a reasonable time to deal with the contentions raised by the petitioner and take a decision thereon. In these circumstances, I dispose of the Writ Petition with a direction to the Managing Director, Kerala Water Authority to consider Ext.P7 series of representations submitted by the petitioners and take a decision thereon, in accordance with law, after notice to and affording the petitioners and others who are likely to be affected, a reasonable opportunity of being heard. Final orders in the matter shall be passed within six months from the date of receipt of a copy of this judgment. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE css/