IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WA.No. 805 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11649/2010 Dated 06/04/2010 .................... APPELLANT(S): -------------- PUSHPA.P., FULL TIME JUNIOR LANGUAGE TEACHER (HINDI), G.U.P.S.THENARI, P.O.THENARI, PALAKKAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. SAVITHRI, H.S.A (HINDI), G.H.S.KUMARANALLOR, PALAKKAD DIST. 4. SINDHU, H.S.A (HINDI), G.H.S.KUMARANALLOR, PALAKKAD DIST. R1 AND R2 BY GOVERNMENT PLEADER SMT. T.B. RAMANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 805 of 2010 -------------------------------------------- Dated this the 25th day of June, 2010 JUDGMENT Ramachandran Nair, J. Since appellant is already promoted, the remaining question raised is only with regard to her claim for seniority over a few others who were below her in the rank list. Even though Government Pleader submitted that appellant did not raise objection against provisional seniority list published, appellant has a case that objection was in fact raised. Alternatively it is submitted that seniority cannot be overlooked merely because appellant did not raise objection against provisional seniority list published. We find force in this contention because a wrong cannot be perpetuated merely because appellant did not raise objection in time. However, if irreversible consequence has happened on account of finality achieved for a provisional seniority list, wherein aggrieved person did not raise objection, we feel the claim may be defeated. In any case we leave this issue open for the appellant to raise before the higher authorities against final seniority list for the W.A. 805/2010 2 respondents to consider after issuing notice to her and those affected and after hearing all concerned. W.A. is disposed of vacating the judgment of the learned single Judge and by allowing the WPC as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk W.A. 805/2010 3