IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 24675 of 2008(K) --------------------------------------- PETITIONER(S): ------------------------ PRASAD.T.K, THOTTUNKAL VEEDU, ANGADIKKAL NORTH, PATHANAMTHITTA, PRESENTLY WORKING AS VILLAGE EXTENSION OFFICER, BLOCK OFFICE, RANNI. BY ADVS. SRI.P.HARIDAS SMT.SIMLA PRABHAKARAN SMT.SHIJIMOL M.MATHEW SRI.RENJI GEORGE CHERIAN SMT.SIJI JOY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE BLOCK DEVELOPMENT OFFICER, RANNI. * ADDL.R3 IS IMPLEADED * ADDL.R3: T.D.JOYKUTTY, THAYYIL HOUSE, ATTARIKOM, OMALLOOR.P.O., PATHANAMTHITTA, WORKING AS GENERAL EXTENSION OFFICER, BLOCK OFFICE, ELANTHOOR. * IS IMPLEADED AS PER ORDER DATED 20/1/2010 IN IA.NO.609/2010 R1 & R2 BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24675/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GOVERNMENT ORDER G.O.(M.S) NO.7/87 RD DATED 3/2/1987. P2 COPY OF THE SENIORITY LIST OF VILLAGE EXTENSION OFFICERS GRADE II DATED 31/12/1993. P3 COPY OF THE PROVISIONAL INTEGRATED SENIORITY LIST FOR THE PERIOD FROM 30/09/1980 TO 31/05/1998. P4 COPY OF THE ORDER NO. ESTT. B5/24875/CRD, DATED 14/03/2003. P5 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT THROUGH 2ND RESPONDENT DATED 27/6/2008. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 24675 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 J U D G M E N T The petitioner is a resident of Konni in Pathanamthitta District. The native place of the petitioner originally was included in Quilon District. Subsequent to the formation of the Pathanamthitta District it became part of the Pathanamthitta District. Prior to the formation of Pathanamthitta District, applications were called for by the Public Service Commission for appointment to the post of Village Extension Officers. Having been included in the rank list, the petitioner opted for Kollam district and the petitioner was appointed in the Kollam District since he opted for Kollam district. Subsequently, on his request, he was transferred to Pathanamthitta district, apparently considering the same as an inter-district transfer. Consequently he was ranked much below others who were lower in the rank as per the PSC rank list. The petitioner W.P.(C)No. 24675 of 2008 -2- has filed Ext.P5 representation in respect thereof. The petitioner seeks the following reliefs: “(i) Issue a writ in the nature of mandamus or any other writ direction commanding the 1st respondent to appropriately place the petitioner in the seniority list reckoning with his rank in Exhibit P-1 and deeming that he originally opted for appointment in Pathanamthitta district and also to grant him, consequential promotions, grade and other benefits.” Insofar as the petitioner has already invoked the jurisdiction of the 1st respondent in the matter, by filing Ext.P5 through the 2nd respondent, I am of opinion that, the matter should first receive the attention of the 1st respondent. Accordingly the writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P5, after affording an opportunity of being heard to the petitioner and the additional 3rd respondent as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE