IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 3888 of 2006(K) ----------------------------------- PETITIONER(S): ------------------------- N.V. MUHAMMED ALI, P.A. TO SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. BY ADVS. MR.C.KHALID MR.N.GOPINATHA PANICKER MR.T.P.SAJID RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT (URBAN), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, URBAN AFFAIRS DEPARTMENT PUBLIC OFFICE BUILDINGS, MUSEUM P.O., THIRUVANANTHAPURAM. 3. ABOOBACKER PARI, PROVISIONAL SECRETARY QUILANDI MUNICIPALITY, KOZHIKODE DISTRICT. 4. C. SUMANGALA DEVI, PROVISIONAL SECRETARY VAIKKOM MUNICIPALITY, KOTTAYAM DISTRICT. ADV. MR.K.REGHU KOTTAPPURAM FOR R4 MR.SIBY MATHEW FOR R3 MR.PHILIP J.VETTICKATTU FOR R3 GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3888 of 2006-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2009. JUDGMENT This writ petition is filed by the petitioner who was working as P.A. to the Secretary, Kannur Municipality, aggrieved by the denial of his posting as Provisional Municipal Secretary. 2. Originally, the petitioner got appointment as a Lower Division Clerk in the Municipal Common Service in the year 1975. Thereafter, in the gradation list of Upper Division Clerks in the Municipal Common Service, he is serial No.251, whereas respondents 3 and 4 are serial Nos.395 and 400 respectively. He obtained subsequent promotions and while he was working as Superintendent in the Municipal Common Service, he was promoted provisionally as Municipal Secretary Grade III in Kothamangalam Municipality, as per Ext.P5. Subsequently, respondents 3 and 4 were also granted similar appointment on provisional basis. He was reverted to the parent department and thereafter by Ext.P7 again he was granted a provisional appointment as Municipal Secretary Grade III in Koothuparamba Municipality. It was continued and the petitioner was transferred to other Municipalities like Thalassery, Mattannur and WPC 3888/2006 2 Payyannur during different spells. Ultimately, he was reverted to the Municipal Common Service by Ext.P8. 3. During the above period even though the petitioner was reverted back, respondents 3 and 4 were allowed to continue as provisional Municipal Secretary. This action is challenged in this writ petition. 4. In the counter affidavit filed by the respondents, the stand taken is that the rank list for the post of Municipal Secretary Grade III came into force on 31.12.2004. Before the coming into force of such rank list, there were some vacancies in the post of Municipal Secretary. To fill up those vacancies on a provisional basis, the employees of Municipal Common Service and Urban Affairs Department having the prescribed qualification, were appointed as provisional Municipal Secretary. Along with the petitioner, respondents 3 and 4 were also thus appointed. It is during the currency of the rank list all the appointees were reverted back to the parent department. Respondents 3 and 4 were also reverted back. During the pendency of the writ petition, they have retired from service and the third respondent has expired also. 5. Learned counsel for the petitioner submitted that the rank list published by the Public Service Commission has already exhausted and there are further vacancies in the cadre of Municipal Secretary Grade III WPC 3888/2006 3 and if any provisional appointment is being contemplated, the petitioner's claim may be considered in accordance with seniority. 6. It is made clear that if, in future, any such appointments are being contemplated, his claim will be considered in accordance with seniority. The writ petition is disposed of with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/