IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 40427 of 2003(K) --------------------------------------- PETITIONER: ------------------- M.LALITHA, W/O.LATE K.SASIDHARAN, AGED 51 YEARS, WORKING AS UPPER DIVISION TYPIST, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM. BY ADV. MR.N.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.40427/2003-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. EA5/1827/87 DTD. 25/04/1989 ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER, INDUSTRIES DIRECTORATE, TRIVANDRUM. EXT.P.2: COPY OF THE SENIORITY LIST OF LOWER DIVISION TYPISTS APPOINTED FROM 01/01/1982 TO 31/03/1986 ISSUED BY THE R.2. EXT.P.3: COPY OF THE FINAL SENIORITY LIST OF LOWER DIVISION TYPISTS FOR THE PERIOD FROM 01/10/1976 TO 31/12/1994 ISSUED BY THE R.2. EXT.P.4: COPY OF THE ORDER NO. EB1-20686/94 (III) DTD. 01/11/1997 ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE REPRESENTATION DTD. 14/11/1997 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.6: COPY OF THE LETTER NO. EC3-10432/99 DTD. 19/06/2002 ISSUED BY THE R.2. TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, TRIVANDRUM. EXT.P.7: COPY OF THE REPRESENTATION DTD. NIL. SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.8: COPY OF THE LETTER NO. 17767/A2/2002/ID DTD. 24/07/2002 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.9: COPY OF THE JUDGMENT IN O.P. NO. 13/98 DTD 06/03/2007. EXT.P.10: COPY OF THE ORDER NO. EA7 (C/2522/94 DTD. 23/06/1994. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE G.O.(MS).NO.4/61 DTD. 02/01/61. EXT.R2.B: COPY OF THE LETTER NO. 9949/A2/95/ID DTD. 31/03/95. EXT.R2.C: COPY OF THE G.O.(MS).NO.405/95/ID DTD. 20/05/96. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No.40427 OF 2003 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of February 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is aggrieved by Exts.P4, P6 and P8 orders. Ext.P4 is an order directing promotion of certain LD Typists as UD Typists, in which promotion, juniors of the petitioner were promoted ahead of the petitioner. By Ext.P6 order, in accordance with the seniority so changed, the date of promotion of the petitioner was also directed to be changed. Ext.P8 is a further order passed by the Government rejecting the petitioner's representation for higher grade on account of the revision of seniority. The petitioner now contends that the petitioner had earlier challenged seniority position by filing O.P.No.13/1998 and that writ petition was allowed by Ext.P9 judgment, whereby the claim of the petitioner and others for seniority over the party respondents therein stand accepted, and the OP was W.P.C. No.40427 OF 2003 -2- allowed. Therefore, according to the petitioner, the impugned orders are liable to be quashed and petitioner’s seniority and date of higher grade promotion etc., have to be restored. 2. The learned Government Pleader does not dispute that by Ext.P9 judgment, the petitioner’s claim for seniority has been upheld. That being so, naturally, the impugned orders are liable to be quashed and the matter is liable to be reconsidered and orders passed in the light of Ext.P9 judgment. 3. Accordingly, Exts.P4, P6 and P8 orders are quashed. The second respondent is directed to reconsider the issue relating to the claims of the petitioner in the light of Ext.P9 judgment in O.P.13/1998 and pass orders as expeditiously as possible, at any rate within 2 months from the date receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. On the basis of the order so passed, the retirement benefits of the W.P.C. No.40427 OF 2003 -3- petitioner shall also be recomputed and arrears, disbursed to the petitioner within a further period of 2 months therefrom. S. SIRI JAGAN JUDGE nl.