IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2616 of 2010(B) ------------------------- PETITIONER(S): --------------- 1. JOSE THOMAS, UPPER DIVISION CLERK PUBLIC WORKS DEPARTMENT SPECIAL BUILDINGS SECTION, PATHANAMTHITTA. 2. JOHNSON VARUGHESE UPPER DIVISION CLERK PUBLIC WORKS DEPARTMENT,ROADS SUB DIVISION PATHANAMTHITTA. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARAIT THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ADMINISTRATION) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 2616 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 J U D G M E N T The petitioners are the Upper Division Clerks under the Public Works Department. This writ petition has been filed challenging Ext.P2 seniority list published on 25.2.2008 and to assign them seniority w.e.f 15.3.1990 and 31.3.1990 respectively and grant consequential benefits including promotions. Indicating their grievance/objection against Ext.P2 seniority list, the petitioners have already approached the Government through Ext.P5 and the same is now pending before the first respondent. The petitioners pray that the grievances raised by them in Ext.P5 may be directed to be considered in the light of the decision reported in Sudhakaran Vs. State of Kerala (2006(2)KLT 817). 2. Considering the facts that an appeal can be preferred, in the matter of seniority before the Government and that the petitioners have already approached the first respondent as it is evident from Ext.P5, the writ petition is disposed of in the following manner:- WPC.2616 of 2010 : 2 : The first respondent shall consider Ext.P5 submitted by the petitioner with notice to those persons who are likely to be affected in case the contentions raised in Ext.P5 are accepted by the Government and pass orders thereon within a period of three months from the date of receipt of a copy of this judgment. Needless to say that any promotion effected pending consideration on Ext.P5 will be subject to the result of Ext.P5. (C.T. RAVIKUMAR, JUDGE) jma