IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WA.No. 2840 of 2009 -------------------------- AGAINST THE JUDGEMENT IN WPC.30262/2009 Dated 06/11/2009 .................... APPELLANT/PETITIONER ------------------------------------ M.K.RAJAN, 53 YEARS, S/O.M.T.KUTTAPPAN, (UPPER DIVISION CLERK, OFFICE OF THE DIRECTOR OF EDUCATION PATHANAMTHITTA), RESIDING AT MODIYIL HOUSE, WEST OTHERA P.O., THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS/RESPONDETS: ------------------------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2840 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2010 JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner along with another carried claim for promotion in Ext.P6 litigation that went against him. Pending appeal against that, Ext.P3 was issued. Accordingly, the only submission made before the Division Bench when that appeal was taken up, was in relation to Ext.P3 which was placed on record before the learned Judges as Annexure 1. With that, the Bench disposed of the Writ Appeal as per Ext.P7 judgment with liberty to the petitioner to approach the Government, if he is aggrieved. This means that Ext.P6 judgment has become final. Thereafter, the impugned Ext.P8 was issued considering the petitioner's representation. 2. As of now, it is also pointed out by the learned Government Pleader that the seniority list of Upper Division Clerks for the year 1989-1995 was finalised as per Order No.SY (2)/48632/07/DPI dated 05.05.2008. Taking Ext.P8 as WA No. 2840 of 2009 -:2:- confirmation of that decision, further action followed. 3. Not only that, we notice that the petitioner has not impleaded any rival in the service, though he now projects a case relatable to his claim for seniority. Under such circumstances, we do not find any error in the finding of the learned Single Judge. It is clarified that the said judgment would not stand in the way of the petitioner seeking appropriate remedy in accordance with the statutory rules and other laws as against the final seniority list referred to above. Writ Appeal ordered accordingly. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb WA No. 2840 of 2009 -:3:-