IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 2460 of 2009(P) ------------------------- PETITIONER: --------------- M.K. SOBHANA, DEPUTY DIRECTOR OF PANCHAYATHS, IDUKKI. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATHS, TRIVANDRUM. 3. SMT.K. KRISHNAMMA, ASST. DIRECTOR OF PANCHAYATH, KOLLAM, RESIDING AT ARUN VILLA, POONTHOPPU WARD, AVALUKUNNU, ALAPPUZHA. 4. SMT. J. RUBY, ASST. DIRECTOR OF PANCHAYATH, KOZHIKODE, RESIDING AT ALOOR HOUSE, KOTTAPURAM.P.O, ERUMAPETTY. BY GOVT. PLEADER SRI.P. SUNIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2460 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RELEVANT EXTRACT OF DRAFT SENIORITY LIST OF OFFICERS IN THE CADRE OF JOINT DIRECTOR, DY. DIRECTOR, ASST. DIRECTOR AND SENIOR SUPERINTENDENT VIDE GOVT. LETTER NO.44381/EP-B1/2007/LSGD DT.7.6.2008 EXT.P2: TRUE COPY OF MODIFIED DRAFT SENIORITY LIST IN THE CADRE OF JUNIOR SUPERINTENDENT AND SPECIAL GRADE SECRETARY ISSUED BY THE 2ND RESPONDENT VIDE NOTICE DATED 29.7.2008 EXT.P3: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.8.2008 EXT.P4: TRUE COPY OF ORDER NO.E11-12870/08 DATED 04.10.2008 ISSUED BY THE 2ND RESPONDENT EXT.P5: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.7.2008 EXT.P6: TRUE COPY OF PROCEEDINGS NO.GO (MS)NO.300/2008/LSGD DATED 12.11.2008 ALONG WITH RELEVANT EXTRACT OF REVISED SENIORITY LIST OF SENIOR SUPERINTENDENT TO THAT OF ADDITIONAL DIRECTOR EXT.P7: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.07.2008 EXT.P8: TRUE COPY OF THE JUDGMENT DATED 19.3.2007 IN O.P. NO.20288/2001 OF THIS HON'BLE COURT EXT.P9: TRUE COPY OF THE JUDGMENT DATED 08.04.2008 IN W.P (C) NO.12069/2008 OF THIS HON'BLE COURT EXT.P10: TRUE COPY OF ORDER NO.E1-16747/07 DATED 19.10.2007 ISSUED BY THE 2ND RESPONDENT EXT.P11: TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF EXECUTIVE OFFICER GRADE II AS ON 31.12.1989 PUBLISHED BY THE 2ND RESPONDENT EXT.P12: TRUE COPY OF THE SELECT LIST FOR PROMOTION TO THE CADRE OF SENIOR SUPERINTENDENT VIDE NOTIFICATION NO.E11-3767/02 DATED 30.9.2005 PUBLISHED IN THE KERALA GAZETTE EXT.P13: TRUE COPY OF ORDER NO.E11.2/04 DATED 06.10.2005 ISSUED BY THE 2ND RESPONDENT WP(C).No. 2460 of 2009 -3- EXT.P14; TRUE COPY OF REVISED SELECT LIST PUBLISHED ON 04.07.2007 IN KERALA GAZETTE EXT.P15: TRUE COPY OF G.O (RT) NO.3497/07/LSGD DATED 24.12.2007 ISSUED BY THE 1ST RESPONDENT EXT.P16: TRUE COPY OF G.O (RT) NO.3178/2008/LSGD DATED 25.8.2008 ISSUED BY THE 1ST RESPONDENT EXT.P17: TRUE COPY OF ORDER DATED 16.12.2008 IN W.P (C) NO.34930/2008 OF THIS HON'BLE COURT. /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.2460 of 2009 -------------------------- Dated this the 27th October,2009 J U D G M E N T Heard learned counsel for the petitioner and learned Government Pleader. 2. I have perused the averments in I.A 11602 of 2009 as well. 3. The writ petition was filed challenging the seniority list of Junior Superintendents in the Local Self Government Department. The proposed reversion of the petitioner who was then functioning as a Deputy Director was stayed by this Court and petitioner has retired from service during the pendency of the writ petition. The present grievance as highlighted in the affidavit in support of I.A No.11602 of 2009 is that respondents are not taking any steps for sanctioning and disbursing the petitioner's pensionary benefits on account of the pendency of the writ petition. 4. Heard learned Government Pleader also. W.P ( C) No.2460 of 2009 2 5. In circumstances where the petitioner retired from service while she was continuing as Deputy Director on the date of retirement, the only direction that is now required is that respondents shall take steps to process the pension papers of the petitioner. Second respondent shall forward the papers relating to the petitioner to the Government within one month from the date of receipt of a copy of this judgment. Orders sanctioning the pension and other retirement benefits admissible to the petitioner shall be passed within one month thereafter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.2460 of 2009 3 W.P ( C) No.2460 of 2009 4