IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 17040 of 2005(C) -------------------------- PETITIONER(S): --------------- 1. PRASANNAN THACHOTH, JUNIOR EXECUTIVE, K.F.C., KANNUR. 2. PRASAD V., JUNIOR EXECUTIVE, K.F.C., TRICHUR. 3. UNNIKRISHNAN T.A., JUNIOR EXECUTIVE, K.F.C., ERNAKULAM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. BOARD OF DIRECTORS, KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. ANILKUMAR K.B., JUNIOR EXECUTIVE, KERALA FINANCIAL CORPORATION, THRISSUR. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R4 SMT.N.SANTHA FOR R4 SRI.K.A.BALAN FOR R4 SRI.M.K.PRADEEPKUMAR FOR R4 SRI.PETER JOSE CHRISTO FOR R4 SRI.V.BUNNIRAJ, SC FOR KFC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS EXTS: EXT.P1:- COPY OF PROCEEDINGS DTD.10.10.1992 ISSUED BY R1 EXT.P2:- COPY OF RELEVANT EXTRACT OF LIST OF OFFICERS AND STAFF OF R1 EXT.P3:- COPY OF JUDGMENT IN WP(C) NO.36689/03 EXT.P4:- COPY OF CIRCULAR NO.69 EXT.P4(a):- COPY OF DRAFT SENIORITY LIST OF ASSISTANTS EXT.P5:- COPY OF REPRESENTATION FILED BY P1 BEFORE R1 EXT.P6:- COPY OF OBJECTION FILED BY P1 BEFORE R1 EXT.P7:- COPY OF CIRCULAR NO.21/04 ISSUED BY R1 EXT.P8:- COPY OF APPEAL FILED BY P1 BEFORE RESPONDENTS EXT.P8(a):- COPY OF APPEAL FILED BY P2 BEFORE R2 EXT.P8(b):- COPY OF APPEAL FILED BY P3 BEFORE R2 EXT.P9:- COPY OF SENIORITY LIST PREPARED BY PETITIONERS EXT.P10:- COPY OF MEMO ISSUED BY R1 TO P1 EXT.P10(a):-COPY OF MEMO ISSUED BY R1 TO P2 EXT.P10(b):- COPY OF MEMO ISSUED BY R1 TO P3. RESPONDENTS EXTS: EXT.R4(a):- COPY OF APPEAL SUBMITTED BY R4 BEFORE THE BOARD OF DIRECTORS DTD.16.10.2003 /TRUE COPY/ P.ATO JUDGE ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17040 of 2005 (C) --------------------------------- Dated, this the 10th day of June, 2010 J U D G M E N T The petitioners are Junior Executives in the 1st respondent Corporation. Ext.P4(a) is the provisional seniority list of Assistants published by the Kerala Financial Corporation, to which the petitioners filed their objections. Their objections were rejected by Ext.P7. It is stated in Ext.P7 that their objections were examined in detail and that the Managing Director came to the conclusion that their objections did not hold good. They filed Ext.P8 series of appeals to the 2nd respondent. Before the appellate authority they also produced Ext.P9, a seniority list drafted by themselves. The appeals were considered and were rejected by Exts.P10, P10(a) and P10(b) orders. Ext.P10 order reads as under:- “With reference to the submission cited, you are informed that the request for reviewing the seniority list published vide reference first cited is rejected since the matter was considered earlier and a final decision taken in accordance with the directions of Hon'ble High Court.” Similar orders have been issued to other petitioners also. WP(C) No.17040/2005 -2- 2. Contention raised by the learned counsel for the petitioners is that their main objection is regarding the erroneous application of ratio to the post of Assistants, and that the questions raised in the objections filed to the provisional seniority list and in the appeals filed by them, have not been considered either by the 1st respondent or by the 2nd respondent. 3. On a reading of Ext.P7 order rejecting the objection filed, and Ext.P10 series of orders rejecting the appeals filed by the petitioners, I am inclined to agree with the learned counsel for the petitioners. These orders do not reflect consideration of any of the contentions urged, and orders have been passed with total non application of mind. In the circumstances, Exts.P10, P10(a) & P10(b) orders rejecting the appeals filed by the petitioners cannot be sustained. Therefore, this writ petition is disposed of quashing Exts.P10, P10(a) & P10(b) orders rejecting the appeals filed by the petitioners. The 2nd respondent is directed to reconsider Ext.P8, P8(a) and P8(b) appeals filed by the petitioners with notice them and fresh orders in the matter shall be passed. It is clarified that any order affecting WP(C) No.17040/2005 -3- the interest of anybody else, who are included in the seniority list, shall not be passed without hearing such parties also. Orders as above shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg