IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WA.No. 1525 of 2002() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.2176/1996 Dated 25/03/2002 .................... APPELLANT: PETITIONER: --------------------------------------- N.BHASKARAN ASARI, ORTHOPTIST, MEDICAL COLLEGE HOSPITAL, ALLEPPEY. BY ADV. SMT.V.P.SEEMANDINI (SR.) RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. ** 3. A.VAHABKUTTY, SENIOR GRADE REFRACTIONIST, PRIMARY HEALTH CENTRE, KOTTAMKARA, KOLLAM.(DELETED) * 4. K.R.PRASANNAKUMARI, REFRACTIONIST, PRIMARY HEALTH CENTRE, THRIKKAKARA.- (DELETED AND RESTORED) *R4 DELETED FROM THE PARTY ARRAY AS PER ORDER DTD. 24/07/07 IN I.A.NO.613/07. ** R3 IS DELETED INSTEAD OF R4 FROM THE PARTY ARRAY AND R4 IS RESTORED IN THE PARTY ARRAY AS PER ORDER DTD. 7/08/07 IN I.A.NO.653/07. BY SR.GOVERNMENT PLEADER SRI. BENNY GERVACIS BY ADV. SRI.P.RAVINDRAN SRI.K.K.MOHAMED RAVUF THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.3912/2002 IN W.A.NO.1525/2002 DISMISSED 25/07/2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1525 OF 2002 ------------------------------------- Dated 25th July, 2008 JUDGMENT Koshy,J . Appellant/petitioner commenced service as Orthoptist in the Health Department on the advice of the Public Service Commission on 24.11.1978. Fourth respondent was advised on 13.1.1978. Therefore, as regards the seniority, fourth respondent is senior. By Ext.P2, senior grade was granted to fourth respondent subject to finalisation of the disciplinary action that was pending against her for unauthorized absence. Contention of the petitioner is that fourth respondent ought not have been granted senior grade promotion on that date. But, grade promotions were granted to the petitioner on the correct dates. Petitioner retired from service also. It is submitted that the fourth respondent also retired from service. It is further stated that the seniority list published provisionally in 1991 and the final seniority list published in 1993 were not challenged wherein fourth respondent was senior. The petitioner has given promotions on the correct dates. This writ petition itself was filed only in 1996 and no prejudice is also caused to the petitioner as there is no complaint from the petitioner that he was not given due grade promotions as grade promotions were given in due WA.1525/2002 2 time to the petitioner. Petitioner was also not the immediate junior to the fourth respondent. In any event, fourth respondent retired in the year 2002. In these circumstances, we are not inclined to exercise discretionary jurisdiction and we also agree with the views of the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks