IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 33836 of 2010(D) -------------------------- PETITIONER(S): --------------- MATHEW VARGHESE, SENIOR MECHNIC (PUMP-HOUSE) ENGINEERING UNIT, NATIONAL INSTITUTE OF TECHNOLOGY(N.I.T.C) CALICUT-1 BY ADV. SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA RESPONDENT(S): --------------- 1. DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY CALICUT-1 2. UNION OF INDIA REP.BY ITS SECRETARY MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SECONDARY AND HIGHER EDUCATION NEW DELHI ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R2 SRI.MILLU DANDAPANI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.33836 of 2010 ================== Dated this the 24th day of November, 2010 J U D G M E N T The petitioner is working as a Senior Mechanic in the 1st respondent Institute. The Institute had published Ext.P11 provisional seniority list, against which, the petitioner has filed objections. Exts.P5, to P7, P9, P10 and P12. According to the petitioner, the 1st respondent is taking steps to make promotions in accordance with the provisional seniority list without passing orders on the objections raised. The petitioner, therefore, seeks the following reliefs: “(i) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to finalise and publish the final seniority list in the cadre of senior mechanic in accordance with law after considering the objections filed by the petitioner and then only resort to grant promotions strictly as per seniority and in accordance with law. (ii) A writ of mandamus or any other appropriate writ order or direction directing the respondents to remove the anomalies in the procedure for the grant of promotions from the post of Tradesman taking into consideration the recommendations of the standing committee, constituted as per the decision in Ext.P8 which met on 4.11.2006 and heard the grievance of the petitioner and the like. (iii) A writ of mandamus or any other writ, order or direction declaring that the petitioner is entitled to have the scale of pay of Rs. 4000-6000 with effect from 1.4.2004 and the scale of pay of Rs. 4500-7000 with effect from 1.4.2006 and consequential grades/promotion scales thereafter in accordance with law and all consequential monetary benefits including arrears arising therefrom. (iv) A writ of mandamus or any other appropriate order or a direction directing the respondents to grant and disburse to the petitioner rationalization of pay in the scale of Rs. 4000-6000 with effect from 1.4.2004 and Rs. 4500-7000 with effect from 1.4.2006 and disburse all consequential monetary benefits w.p.c.33836/10 2 including arrears arising therefrom at the earliest, at any rate within a time limit to be fixed by this Hon'ble Court. (v) A writ of mandamus or any other appropriate writ, order or direction commanding the respondent to consider and pass orders on Ext.P5 to P7, P9 and P10 and P12 in accordance with law before finalising Ext.P11 and grant promotions to the post of Senior Mechanic (Special Grade)” 2. I have heard the learned standing counsel appearing for the 1st respondent also. 3. I am of opinion that it is not proper for the 1st respondent to make promotions on the basis of the provisional seniority list, Ext.P11, especially when objections have been received in respect of the same. Ext.P11 has been passed on 11.10.2010. As such, further promotions shall be made only after finalising the seniority list after considering the objections raised by the employees against Ext.P11. Accordingly, this writ petition is disposed of as follows: The 1st respondent shall finalise Ext.P11 provisional seniority list after considering the objections raised against the same after affording an opportunity of being heard to the concerned and publish the final seniority list. Further promotions shall only be in accordance with the final seniority list so published. The seniority list shall be published within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.33836/10 3