IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 33900 of 2008(I) ------------------------------------- PETITIONER(S): ---------------------- 1. K.P.KAMALA, D/O.PODIYAN, JUNIOR SUPERINTENDENT, REVENUE DEPARTMENT, COLLECTORATE WAYANAD, RESIDING AT EDAPPATTY, KALPATTA NORTH, WAYANAD DISTRICT. 2. CLARAMMA SEBASTIAN, D/O.SEBASTIAN, JUNIOR SUPERINTENDENT, REVENUE DEPARTMENT, COLLECTORATE, WAYANAD, RESIDING AT MALAPPALLIL HOUSE, KALPATTA NORTH, WAYANAD DIST. BY ADV. MR.A.MOHAMED MUSTAQUE MR.KAUSER EDAPPAGATH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. 3. THE LAND REVENUE COMMISSIONER, TRIVANDRUM. 4. SRI.P.S.CHARLES, DEPUTY TAHSILDAR, TALUK OFFICE, KUTTANNAD, ALAPPUZHA. 5. SRI.P.P.VIJAYAN, DEPUTY TAHSILDAR, TALUK OFFICE, SULTHAN BATHERY, WAYANAD. 6. SRI.M.T.JOY, VILLAGE OFFICER, KANIYAMBETTA VILLAGE, WAYANAD DISTRICT. GOVRNMENT PLEADER MR.ANTONY MUKKATH FOR R1 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33900 of 2008(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS NO.L.R.E 5-101/2004 DATED19/11/2004 ISSUED BY 3RD RESPONDENT. EXT.P2: COPY OF THE PROVISIONAL SENIORITY LIST DATED 19/05/2008. EXT.P3: COPY OF THE OBJECTION FILED BY 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 30/06/2008. EXT.P4: COPY OF THE OBJECTION FILED BY 2ND PETITIONER -DO- -DO- EXT.P5: COPY OF THE JUDGMNT IN W.P.(C). NO. 21848/08 DATED 30/07/08 OF THIS HONOURABLE COURT. EXT.P6: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 12/08/2008. EXT.P7: COPY OF THE COMMUNICATION ISSUED BY 3RD RESPONDENT DATED 20/10/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33900/2008-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of March, 2009 J U D G M E N T The petitioners are working as Junior Superintendents in the Revenue Department at Collectorate, Wayanad. They entered service as Lower Division Clerks on 03/01/1986 and 24/12/1985 respectively They acquired all the test qualifications for the purpose of promotion and accordingly, they were promoted as Upper Division Clerks on 19/05/1988 and 06/02/2000 respectively. Presently, the claim is for promotion to the post of Tahsildar. 2. Ext.P2 is the provisional seniority list of Deputy Tahsildars/Junior Superintendents for the period from 01/01/1998 to 31/12/2006. The petitioners have been assigned rank Nos.3697 and 3698 and respondent Nos. 4 to 6 are assigned rank Nos.3619, 3674 and 3666 respectively. They have been promoted as Deputy Tahsildars on 01/02/2005, 01/05/2005 and 01/08/2006 subsequent to the promotion of the petitioners. 3. The last date fixed for filing objection against Ext.P2 was 30/06/2008. The petitioners have filed Exts.P3 and P4 objections to the said seniority list. W.P.(C) No.33900/2008 -:2:- 4. Earlier the petitioners had approached this Court by filing W.P. (C) No.21848/2008 which was disposed of by Ext.P5 judgment. Therein, this Court directed the third respondent to consider and pass orders on Exts.P3 and P4 objection before finalising the seniority list. 5. The apparent complaint raised by the petitioners is that without disposing of the objection raised by the petitioners, 43 persons have been promoted on 20/08/2008. Ext.P6 is the said proceedings. The present writ petition is filed seeking for a direction to the respondent not to make any promotion from the provisional seniority list without considering the objection raised by the petitioners. 6. Heard the learned Government Pleader also. It is submitted that the objections are being considered and the final seniority list is yet to be published. 7. There is no legal bar to grant provisional promotion in the meanwhile. Still, if there are sufficient vacancies, the claim of the petitioners will also be considered in accordance with the seniority. The same will be subject to the finalisation of the provisional seniority list. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms