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. 15000 of 2010(Y) -------------------------- PETITIONER(S): --------------- VALENTINE GIBSON FERNANDEZ,U.D.CLERK, DISTRICT MEDICAL OFFICE, KOLLAM. AGED 51 YEARS,S/O.J.V.FERNANDEZ,R/AT MUDAVANGAL BUNGALOW, KOLLAM-II. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. SENIOR ADMINISTRATIVE OFFICER, DIRECTOR OF HEALTH SERVICES,THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. BY GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).15000/2010 -------------------- Dated this the 10th day of June, 2010 JUDGMENT Petitioner is working as Upper Division Clerk in the Health Services Department. He is aspiring for promotion to the post of Head Clerk. According to him, there are 52 vacancies available in the cadre of Head Clerk and he is 37 in the seniority list of those who are eligible for promotion. It is stated that his promotion is inordinately delayed and that with this grievance, the writ petition is filed for a direction to the Department to promote him to the post of Head Clerk. 2. Learned Government Pleader has obtained instructions in the matter and submits that the seniority list relied on by the petitioner is under the litigation before this Court and that on account of the prevailing dispute, the Government have decided to review the seniority list and matter is under process. It is stated that only after the review of seniority is completed, will the respondents take up the issue of further promotions to the cadre of Head Clerk. W.P.(C).15000/10 2 3. If as stated by the learned Government Pleader the process of reviewing the seniority list is underway, petitioner cannot seek any direction from this Court relying on the said seniority list. Therefore, at this stage the direction sought for cannot be granted. The writ petition is accordingly closed without prejudice to the claims of the petitioner. ANTONY DOMINIC, Judge mrcs