IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 34134 of 2008(L) ------------------------------------ PETITIONER(S): ----------------------- GEETHA.T.K., ASSISTANT GR.I., KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, MUNNASSIYYA COMPLEX, KOLLAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SC/ST DEVELOPMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION, FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. TOWN HALL ROAD, THRISSUR. 3. SMT.K.VILASINI, JUNIOR SUPERINTENDENT, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, KASARAGOD. 4. SMT.C.DEVAKI, JUNIOR SUPERINTENDENT KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. HEAD OFFICE, THRISSUR. 5. SRI.V.M.MOHAMMED KOYA, ASSISTANT GR.I, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, MALAPPURAM. WP(C).No. 34134 of 2008 6. SRI.V.ANILKUMAR, ASSISTANT GR.I., KERALA STATE DEVELOPMENT CORPORATION, FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. HEAD OFFICE, THRISSUR. 7. SMT.I.GRACYKUTTY, ASSISTANT GR.I KERALA STATE DEVELOPMENT CORPORATION, FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, THIRUVANANTHAPURAM. 8. SRI.S.SURAJ, ASSISTANT GR.I, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, KOLLAM. 9. SMT.VALSALA KALLY, ASSISTANT GR.I KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, KANNUR. 10. SRI.ANTONY THOMAS, ASSISTANT.GR.I KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, KOTTAYAM. 11. SRI.M.C.CHANDRADASAN, ASSISTANT GR.I KERALA STATE DEVELOPMENT CORPORATION, FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, MALAPPURAM. 12. SMT.M.B.PADMINI, ASSISTANT GR.I KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD. REGIONAL OFFICE, PALAKKAD. GOVERNMENT PLEADER MR.P.SANTOSH KUMAR ADV. SRI.M.K.CHANDRA MOHANDAS,SC,KSDC SC/ST FOR R2 SRI.R.S.KALKURA FOR R5-8 & R11-12 SRI.M.S.KALESH FOR R5-8 & R11-12 SRI.HARISH GOPINATH FOR R5-8 & R11-12 SRI.V.VINAY MENON FOR R5-8 & R11-12 SRI.M.AJAY (IRUMPANAM) FOR R5-8 & R11-12 SRI.V.A.MUHAMMED FOR R3,4 SRI.M.SAJJAD FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010 ALONG WITH WP(C)No.18547/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) Nos.14506 & 18547 of 2007, 34134 of 2008 & 25673 of 2009 ~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of July 2010 J U D G M E N T Issues raised in these writ petitions are connected and therefore these cases were heard together and are disposed of by this common judgment. 2. For convenience W.P.(C)No.34134/2008 is treated as leading case. 3. The petitioner joined the service of the Kerala State Development Corporation for Scheduled Castes and Scheduled Tribes Ltd. as Assistant Grade II on 4.3.1995. Subsequently she was promoted as Assistant Grade I. Ext.P1 is the seniority list published on 20.6.2003, where the petitioner has been assigned seniority at serial No.27. According to the petitioner, immediately thereafter, she was W.P.(C) Nos.14506 & 18547 of 2007, 34134 of 2008 & 25673 of 2009 -: 2 :- also promoted as Junior Superintendent. Again on 12.9.2003 Ext.P2 seniority list of Assistant Grade II was published and assigning serial No.26 to the petitioner. It would appear that when Ext.P2 seniority list was published, several objections were raised from the employees. As a result of all this, in the 262nd Director Board meeting, the issue was considered and a decision was taken to finalize a fresh seniority list rectifying all defects pointing out by the employees. 4. Accordingly, a new seniority list was circulated among the employees inviting objections from the employees. A Sub-committee of the Board of Directors was appointed to consider the objections and the Sub-committee considered the entire issues on 9.2.2007. 5. Accordingly, a fresh draft seniority list was placed for consideration of the Sub-committee of the Board of Directors in their meeting held on 17.3.2007. The Board of Directors after deliberations decided to issue notice to such W.P.(C) Nos.14506 & 18547 of 2007, 34134 of 2008 & 25673 of 2009 -: 3 :- of those employees whose seniority will be adversely affected by virtue of the revision proposed as above. Accordingly Ext.P3 notice was issued to the petitioner whose seniority was proposed to be revised from serial No.26 as shown in Ext.P2 to serial No.34. Petitioner submitted Ext.P4 objection. In Ext.P4 objection, the main contention raised was that she was entitled to have seniority as shown in Ext.P2 seniority list was retained. 6. Subsequently, over ruling the objection, seniority list was finalized as per Ext.P7, assigning seniority at serial No.34 to the petitioner. It is in these circumstances, this writ petition is filed. Ext.P7 seniority list was published on 10.10.2008. The grievance in these writ petitions is mainly against the seniority thus assigned to the petitioners. During the course of the submissions, it is now disclosed that during the pendency of these writ petitions, yet another seniority list was published on 25.6.2010. In view of this, petitioners seek to withdraw W.P.(C) Nos.14506 & 18547 of 2007, 34134 of 2008 & 25673 of 2009 -: 4 :- these writ petitions, in order to pursue their remedies against the new seniority list. Therefore, these writ petitions are dismissed leaving it open to the petitioners to pursue their remedies against the seniority list published on 25.6.2010 in accordance with law. ANTONY DOMINIC, JUDGE. Jvt