IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 16571 of 2003(W) --------------------------------------- PETITIONER: ------------------ JOSE JACOB, DEPUTY DIRECTOR OF NATIONAL SAVINGS, (NOW UNDER SUSPENSION), CIVIL STATION, PALAKKAD. BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN.T RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. N.A.CHANDRAN, ADDITIONAL DIRECTOR OF NATIONAL SAVINGS, CIVIL STATION, THRISSUR. 3. P.K.ELIZABETH, DEPUTY DIRECTOR OF NATIONAL SAVINGS, CIVIL STATION, KOLLAM. 4. V.M.PRASANNA, DEPUTY DIRECTOR OF NATIONAL SAVINGS, CIVIL STATION, THRISSUR. BY ADV. SRI.K.JAJU BABU SRI.V.V.NANDAGOPAL NAMBIAR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NO. 1471/2003 IN WPC NO. 16571/2003 W. DISMISSED 01/02/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GO RT NO. 4777/86/FIN DT. 19/12/86. EXT.P2. COPY OF THE GO RT NO. 348/87/FIN DT. 20/1/87. EXT.P3. COPY OF THE GO RT NO. 2025/87/FIN DT. 28/4/87. EXT.P4. COPY OF THE GO MS NO. 305/89/FIN DT. 22/6/89. EXT.P5. COPY OF THE GO MS NO. 797/91/FIN DT. 27/12/91. EXT.P6. COPY OF THE JUDGMENT DT. 6TH APRIL, 1998 IN OP NO. 1953/92 OF THIS COURT. EXT.P7. COPY OF THE GO MS NO. 2844/98/FIN DT. 13/11/98. EXT.P8. COPY OF THE JUDGMENT DT. 22ND JANUARY 2003 IN OP NO. 24511/99 AND CONNECTED CASES OF THIS COURT. EXT.P9. COPY OF THE REPRESENTATION DT. 21/2/2003 FILED BY THE PETITIONER BEFORE THE GOVT. EXT.P10. COPY OF THE GO MS NO. 225/2003/FIN DT. 21/4/2003 ISSUED BY THE GOVT. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ========================= WP(C). No. 16571 of 2003-W. ========================= Dated this the 1st day of February, 2008. J U D G M E N T The petitioner challenges Ext.P10 whereby the seniority list of National Savings Officers as on 1.4.2003 has been published as directed in Ext.P8 judgment passed by a Division Bench of this Court. The petitioner had earlier filed OP.No.24511/1999 which was also disposed of as per the common judgment Ext.P8. 2. The apparent issue is one concerning the ranking in the seniority list. According to the petitioner, the list Ext.P10 has been prepared without following the relevant rules thereby he has been deprived of the correct position in the seniority list. According to him, he is entitled to get in the place of Mr.Johnson Lukose, who did not accept the appointment given to him. The petitioner maintains that going by the list that is prepared by the WP(C). No. 16571 of 2003-W. 2 respondents, the turn which was available to Mr.Johnson Lukose should have been allotted to him. 3. The Division Bench had disposed of the matter in the light of the agreement between the parties. For convenience para.9 of the judgment is extracted below: “9. In view of the agreement of the counsel for the parties and the undertaking given on behalf of the respondents, the bunch of nine cases are disposed of with the following directions: (1) The persons mentioned at Serial Nos.3,4,5 and 8 of the above mentioned list in the counter affidavit filed in OP.No.24511 of 1999 shall be placed at the bottom of the list in that order. Their writ appeals are dismissed. (2) Any one of the parties in the six Original Petitions shall be entitled to represent against the position assigned to him in the list. (3) The representations, if any, received by the Secretary, Finance shall be considered and decided by him in accordance with law within three months from the date of the receipt. (4) The final list shall be notified within six months from today. (5) Further promotion to the rank of the Joint Director etc. shall be made in accordance with the seniority as may be finally determined. WP(C). No. 16571 of 2003-W. 3 (6) So far as the persons at Serial Nos.1 and 2 are concerned, there is no controversy. Their position shall remain unchanged.” The controversy herein is about Sl.No.2 in the list one Mr.N.A.Chandran. Going by the direction No.6 the Division Bench has positively held that the position in respect of Sl.Nos.1 and 2 shall remain unchanged and Mr.N.A.Chandran is Sl.No.2 therein. It is admitted on either side that the claim of the petitioner relates to assignment of his position in the place held by Mr.N.A.Chandran. 4. The petitioner had filed a Review Petition No.292/2003 which was dismissed by the Division Bench as per order dated 23.5.2003. The very same complaint was raised before the Division Bench by the petitioner. It was held therein that since the matter had been decided as agreed upon by the counsel for the parties, there are no grounds for review. In the light of the above order, the learned counsel appearing for the respondents submitted that the the issue cannot be re-agitated by the petitioner. He is well founded in his submission as the rights of parties have been WP(C). No. 16571 of 2003-W. 4 determined by the mandatory directions issued by the Division Bench in the above judgment. In the light of the above, nothing survives in this writ petition and the writ petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-