IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20563 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- 1. BEDIMON/S,S/O.LATE SASIDHARAN, POOVADITHARA, CHETTIKADU, PATHIRAPPALLY P.O., ALAPPUZHA-LDC, MEDICAL COLLEGE HOSPITAL ALAPPUZHA 2. THOMAS RAJU K.V,S/O.VINCENT K.P KOMAROTH HOUSE PATHIRAPPALLY P.O., ALAPPUZHA,LDC, MEDICAL COLLEGE HOSPITAL ALAPPUZHA 3. SUBHASH T.V.,S/O.VIJAYAN, PONNAD HOUSE ,PONNAD P.O.,MANNANCHERY, ALAPPUZHA. LDC, MEDICAL COLLEGE HOSPITAL , ALAPPUZHA BY ADV. SRI.PADMALAYAN.P.P. RESPONDENT(S): -------------------- 1. STATE OF KERALA,REP.BY THE CHIEF SECREARY, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. STATE OF KERALA, REP.BY THE SECREARY HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 3. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION SERVICE, THIRUVANANTHAPURAM-695001 BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20563/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(P) NO.548/2008/H & FWD DATED 25/10/2008 P2: COPY OF THE ORDER NO.PLA1-2462/05/DHS DATED 16/10/2009 P3: COPY OF COMBINED PROVISIONAL SENIORITY LIST OF L.D.C. IN MEDICAL EDUCATION SERVICE AS ON 06/12/2010. P4: COPY OF THE LETTER DATED 06/02/2010 P5: COPY OF OBJECTION BY THE 1ST PETITIONER DATED 14/12/2010 P6: COPY OF OBJECTION BY THE 2ND PETITIONER DATED 14/12/2010 P7: COPY OF OBJECTION BY THE 3RD PETITIONER DATED 14/12/2010 P8: COPY OF COMBINED FINAL SENIORITY LIST OF L.D.C. IN MEDICAL EDUCATION SERVICE AS ON 06/12/2010 APPENDED TO ORDER NO.E1/32907/10/DME DATED 04/01/2011 P9: COPY OF THE PROMOTION LIST DATED 21/02/2011 AS PER ORDER NO.E1/18394/2009/DME DATED 21/02/2011. P10: COPY OF JUDGMENT DATED 11/02/2011-G IN WPC.NO.1870/2011 P11: COPY OF APPEAL DATED 21/03/2011 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. P12: COPY OF LETTER OF RECEIPT NO.A4/9199/2010 DATED 21/03/2011 P13: COPY OF LETTER NO.E2/2931/2011/TDMCA DATED 06/04/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20563 of 2011-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2011. JUDGMENT The petitioners seek for a direction to the Government to take a decision on Ext.P11 appeal filed under Rule 27B of KS & SSR, challenging the combined seniority list of L.D. Clerks in Medical Education Service. 2. The seniority list was finalised as evident from Ext.P8 proceedings. The petitioners had challenged the same before this Court by filing W.P.(C) No.1870/2011 which was disposed of by Ext.P10 judgment. Therein, this Court observed that “in the light of the fact that the petitioners have got an effective remedy under the rules itself, without prejudice to the right of the petitioners to invoke the said remedy, the writ petition is disposed of.” Thereafter, the petitioner filed an appeal as per Ext.P11 dated 21.3.2011. Exts.P12 and P13 will show that the same was submitted through proper channel. 3. There will be a direction to the Government to take a decision on Ext.P11 appeal after hearing the petitioners and other affected parties, within a period of four months from the date of receipt of a copy of this wpc 20563/2011 2 judgment. The writ petition is disposed of as above. No costs. The petitioners will forward a copy of this judgment along with a copy of the writ petition before the Government for compliance. (T.R. Ramachandran Nair, Judge.) kav/