IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23341 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ L.AJIKUMAR, II GRADE DRAFTSMAN, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY, NEYYATTINKARA-696 121, THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695 001. 3. CHIEF ENGINEER (HRD & GENERAL), KERALA WATER AUTHORITY, THIRUVANANTHAPURAM- 695 001. 4. SHAJIN PRAKASH, DRAFTSMAN GR.II, HEAD QUARTERS SECTION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM- 695 001. R1 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE R2 & R3 BY ADV.SRI.M.DINESH,SC,KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.23341/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL SENIORITY LIST DATED 27.9.2008. EXHIBIT P2- TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL SENIORITY LIST DATED 19.2.2009. EXHIBIT P3- TRUE COPY OF THE RELEVANT PAGES OF FINAL SENIORITY LIST DATED 22.11.2010. EXHIBIT P4- TRUE COPY OF THE RELEVANT PAGES OF SENIORITY LIST OF OVERSEER GR.III ALONG WITH ORDER DATED 18.8.2003. EXHIBIT P5- TRUE COPY OF THE LETTER DATED 27.1.2011. EXHIBIT P6- TRUE COPY OF THE MINUTES OF 257TH MEETING OF KERALA WATER AUTHORITY ON 28.4.2004. EXHIBIT P7- TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT. EXHIBIT P8- TRUE COPY OF THE REPRESENTATION BEFORE THE CHIEF MINISTER'S PUBLIC GRIEVANCES REDRESSAL CELL. EXHIBIT P9- TRUE COPY OF THE REPRESENTATION DATED 4.8.2011 BEFORE THE CHIEF SECRETARY. EXHIBIT P10- TRUE COPY OF THE REPRESENTATION DATED 4/8/2011 RESPONDANTS'S EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.23341 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioner is presently working as Draftsman Grade-II under the Kerala Water Authority. Exts.P1 and P2 are the provisional seniority lists respectively dated 27.9.2008 and 19.2.2009 of Draftsman Grade-II under the Kerala Water Authority. Ext.P1 is the provisional list of Draftsman Grade-II as on 1.9.2008 and Ext.P2 is the provisional seniority list of Draftsman Grade-II from 8.12.1981 to 31.12.2008. The contention of the petitioner is that the name of the fourth respondent was not included in Exts.P1 and P2 seniority lists. However, based on Ext.P6 decision of the Board of the Kerala Water Authority on 28.4.2004, the fourth respondent was included in Ext.P3 final seniority list dated 22.11.2010. Feeling aggrieved by the inclusion of the fourth respondent in Ext.P3 final seniority list, that too, above the petitioner, he has submitted Exts. P7 to P9 representations. Since no action was taken thereon, he submitted Ext.P10 representation dated 4.8.20111 before the Principal Secretary of Water Resources Department. Ext.P7 is the representation submitted by the petitioner before the second respondent. Since the inclusion of the fourth W.P.(C) NO.23341 of 2011 2 respondent in Ext.P3 seniority list was passed on the decision of the Board of the Kerala Water Authority, no fruitful purpose would be served by directing the second respondent to consider Ext.P7 representation. Exts.P8 and P9 are representations submitted by the petitioner respectively before the Chief Minister's Public Grievances Redressal Cell and the Chief Secretary. In fact, the petitioner has taken up his grievances before the appropriate authority viz., the Principal Secretary of Water Resources Department as per Ext.P10. In the said circumstances, without making any observation as to the merits of the claims raised by the petitioner in this Writ Petition as also in Ext.P10, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P10, in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the fourth respondent, as well. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.23341 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.23341 of 2011 4