IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34786 of 2009(P) -------------------------- PETITIONER(S): --------------- M.K.PRAKASH, I GRADE OVERSEER(ELECTRICAL), PWD ELECTRICAL SECTION, MUVATTUPUZHA. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): --------------- 1. THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTOR COMMITTEE (LOWER), REP. BY THE CONVENER AND CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34786 of 2009 (P) --------------------------------- Dated, this the 3rd day of December, 2009 J U D G M E N T The petitioner submits that he was appointed as a First Grade Overseer (Electrical) by Ext.P2 order dated 08/08/2000. It is stated that in Ext.P4(a) final seniority list, which was published on 09/02/2005 for the period from 01/04/1994 to 31/08/2000, due to omission of the authorities, the name of the petitioner was not included. According to the petitioner, the name of one Mr.S.Manoj is repeated at serial Nos.35 & 45 and it is his case that his name ought to have been included in Ext.P4(a) seniority list at serial No.45. Complaining of this, he filed Ext.P5 representation. Ext.P5 was forwarded to the 1 st respondent by Ext.P6. But, however, orders on this representation was not passed by the 1 st respondent. 2. Subsequently, again under cover of Ext.P7, provisional seniority list was published on 16/11/2006. This seniority list was for the period from 01/09/2000 to 31/08/2005, in which the petitioner's name was included at serial No.12. Thereupon the petitioner submitted Ext.P8 again representing that his name ought to have been included in Ext.P4(a) seniority list. Though this WP(C) No.34786/2009 -2- representation was also forwarded to the 1st respondent, no action was taken. A further representation was also made as per Ext.P10. Orders are passed either on Exts.P5, P8 & P10, and in the meanwhile vacancies in the category of Assistant Engineer will be arisedn and will be filled up. It is in these circumstances, this writ petition is filed. 3. From the facts as stated above, it is therefore evident that the grievance of the petitioner can be redressed only if his representations for inclusion in Ext.P4(a) seniority list are considered. This precisely is the grievance raised by the petitioner in Exts.P5, P8 & P10 representations. Having regard to the pendency of the aforesaid representations before the 1st respondent, I direct the 1st respondent to consider the representations referred to above, with notice to the petitioner and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg The words “Orders are passed” and “be arisedn” occurring in the 3rd WP(C) No.34786/2009 -3- and 4th line of the 2nd page of the judgment dated 3.12.2009 in W.P. (C) 34786/09 (P) respectively are corrected and substituted as “Orders are not passed” and “arise” as per order dated 18/12/2009 in I.A.No.15639/09. Sd/- Registrar (Judicial)