IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 18534 of 2011(N) ---------------------------------------- PETITIONER(S): ----------------------- 1. SHAJU.K., JUNIOR HEALTH INSPECTOR GR. II PRIMARY HEALTH CENTRE, ALAKKAD KANNUR DIST. 2. BIBHEESH. M JUNIOR HEALTH INSPECTOR GR. II PRIMARY HEALTH CENTRE, ERAMAM KUTTUR KANNUR DIST. 3. SUDHEESH M. JUNIOR HEALTH INSPECTOR GR. II PRIMARY HEALTH CENTRE, PULINGOME CHUNDA P.O., KANNUR - 670511 BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 3. THE DISTRICT MEDICAL OFFICER, KANNUR - 670 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18534/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(MS)NO.24/89 DATED 23/1/1989. P2 COPY OF THE JUDGMENT IN W.A.NO.2750/2000 AND CONNECTED CASES P3 COPY OF THE ORDER DATED 27/5/2010 TOGETHER WITH PROVISIONAL SENIORITY LIST OF JHI GR.1 P4 COPY OF THE APPEAL FILED BY THE PETITIONERS AGAINST THE PROVISIONAL SENIORITY LIST. P5 COPY OF THE RELEVANT PAGES OF THE FINAL SENIORITY LIST TOGETHER WITH ORDER DATED 23/12/2010. P6 COPY OF THE APPEALS FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P7 COPY OF THE QUESTIONNAIRE DATED 5/9/2008 TOGETHER WITH REPLY DATED 7/10/2008 AND ACCOMPANYING DOCUMENTS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE stsa C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18534 OF 2011 -------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT The petitioners are working as Junior Health Inspector Grade-II under the second respondent. Ext.P3 provisional seniority list of Junior Health Inspector Grade-II for the period 1.4.2000 to 31.10.2007 was published on 27.5.2010. After considering the objections, the same was finalised as per Ext.P5 dated 23.12.2010. Since the petitioners are aggrieved by the assignment of their seniority in Ext.P5, they preferred Ext.P6 appeal in terms of Rule 27B of the General rules under the Kerala State & Subordinate Service Rules before the first respondent. This Writ Petition has been filed on being aggrieved by the delay in taking appropriate action on Ext.P6. 2. I have heard the learned counsel for the petitioners and also the learned Government Pleader. The grievance of the petitioners is against the inaction on the part of the respondents on Ext.P6 filed under Rule 27B of the General Rules under the KS & SSR against Ext.P5 final seniority list. Since it is a statutory appeal, the first respondent is bound to consider W.P.(C) NO.18534/2011 2 the same and pass appropriate orders thereon. In the said circumstances, without making any observation as to the merits of the contentions raised in this Writ Petition as also in Ext.P6, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P6 appeal submitted by the petitioners expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment after affording an opportunity to the petitioners as also to the persons who are likely to be affected in case of issuance of an order in favour of the petitioners. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18534/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.18534/2011 4