IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 29662 of 2011(G) ------------------------------------ PETITIONERS : - ------------------------ 1. T.P. ABDUL RAHIMAN, S/O. PAREED KANNU, AGED 52 YEARS, BLOCK DEVELOPMENT OFFICER (BLOCK PANCHAYATH SECRETARY), ANCHAL, KOLLAM DISTRICT. 2. P.T. SUNNY, S/O.P.P. THOMAS, AGED 52 YEARS, ACCOUNTS OFFICER, POVERTY ALLEVIATION UNIT, DISTRICT PANCHAYATH, IDUKKI, KUYILIMALA, P.O. PAINAVU, IDUKKI DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS : - -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, THIRUVANANTHAPURAM-695 001. 3. THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (LOWER AND COMMISSIONER FOR RURAL DEVELOPMENT DEPARTMENT), THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SRI. E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29662 of 2011(G) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE PROCEEDINGS ORDER NO. Estt. D4/13527/09/CRD OF THE 2nd RESPONDENT ALONG WITH SENIORITY LIST. EXT P2 : COPY OF THE NOTIFICATION NO. 28949 / Estt. A3/2010/CRD (SELECT LIST). EXT P3 : COPY OF THE PROCEEDINGS ORDER NO. 5325 / Estt. B1 / 11/CRD OF THE 2nd RESPONDENT. EXT P4 : COPY OF THE PROCEEDINGS ORDER NO. 15663 / Estt. D2/11/CRD OF THE 2nd RESPONDENT ALONG WITH SENIORITY LIST. EXT P5 : COPY OF THE OBJECTION FILED BY THE 2nd PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.29662 of 2011-G. = = = = = = = = = = = = = Dated this the 23rd November, 2011. J U D G M E N T The first petitioner is working as Block Development Officer (Block Panchayat Secretary) and the second petitioner is working as Accounts Officer in the cadre of Block Development Officer/Senior Superintendent. The second respondent published a final seniority list of ministerial employees in the Rural Development Department pursuant to directions in judgment dated 14.10.2009 in WA.No.1559/2004. The first petitioner is Sl.No.51 and the second petitioner is Sl.No.57 in the said list. On the basis of the ranking in the final seniority list, a selection was conducted by the Departmental Promotion Committee (Lower) to the post of Secretary, Block Panchayat (Block Development Officer). In the select list the petitioners are included. WP(C).No.29662/2011-G. 2 2. In the above circumstances, the Commissioner for Rural Development revised the final seniority list and issued a provisional seniority list of ministerial staff. According to the petitioners, the said list is disadvantageous to the petitioners. The petitioners have therefore submitted Ext.P5 objections to the provisional seniority list. Ext.P5 is a copy of the objections submitted by the second petitioner. It is submitted by the learned counsel that a similar objections has been submitted by the first petitioner also. The petitioners seek the issue of appropriate directions for consideration of their objections. 3. I have heard the learned Govt.Pleader also. 4. Since the objections of the petitioners to the provisional seniority list are pending consideration of the second respondent, it is sufficient that their objections are considered by the said authority in the first instance. 5. This writ petition is accordingly disposed of directing the second respondent to consider the objections WP(C).No.29662/2011-G. 3 of the petitioners in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after issuing notice to and hearing the petitioners also. K.SURENDRA MOHAN, (Judge) Kvs/-