High Court Kerala High Court

Smt. Anna T.M. vs The Principal Agricultural … on 6 November, 2008

Kerala High Court
Smt. Anna T.M. vs The Principal Agricultural … on 6 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19607 of 2008(H)


1. SMT. ANNA T.M., W/O. JOHNY,
                      ...  Petitioner

                        Vs



1. THE PRINCIPAL AGRICULTURAL OFFICER,
                       ...       Respondent

2. THE DISTRICT MEDICAL OFFICER (HEALTH),

3. THE DISTRICT COLLECTOR,

4. THE SECRETARY TO GOVERNMENT,

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :06/11/2008

 O R D E R
                               P.N.Ravindran, J.
                        =====================
                    W.P(C).Nos.19607 & 22112 of 2008
                        =====================

                Dated this the 6th day of November, 2008.

                                JUDGMENT

Heard Sri. C.K.Sreejith, the learned counsel appearing for the

petitioner and Sri.P.Nandakumar, the learned Government Pleader

appearing for the respondents.

2. The petitioners in these Writ Petitions are presently working as

Part-time Sweepers in the Krishi Bhavans at Kanichar and Kadannapally

respectively. Their grievance is that though they are qualified and eligible

to be appointed by promotion as Hospital Attender Grade II in the 50%

quota set apart for Part-time Sweepers, their names have not been

included in Ext.P3 provisional seniority list of Part-time Sweepers eligible

to be promoted to the post of Hospital Attender Grade II. As per

Government orders dated 31.10.1990, 8.3.2006 and 16.5.2006 and

circular No.16403/R 2/02/P & A.R.D. dated 16.5.2006, 50% of the

vacancies of Hospital Attenders Grade II are to be filled up by promotion

of Part-time Sweepers in the Health Services Department. The

Government orders and the circular stipulate that the remaining 50%

shall be filled up by promoting Part-time Sweepers in other departments,

based on a common seniority list to be prepared by the District

Collector. The petitioners’ grievance is that though their names were

included in the provisional seniority list prepared by the District

WP(C) 19607/08 -: 2 :-

Collector, their names have not been included in Ext.P3 final list though

persons junior to them have been included. Ext.P2 produced along with

W.P.(C) No.22112 of 2008 shows that the petitioners in both these Writ

Petitions are included therein as serial Nos. 17 and 15 respectively.

Smt.Sherly K.T. is serial No.19 therein. However, in Ext.P3 final list

prepared by the District Collector on 29.3.2008, the names of the

petitioners have not been included while the name of Smt.Sherly K.T.

appears at serial No.15. Pointing out this fact, the petitioners submit

that the District Collector has while preparing the list of Part-time

Sweepers in departments other than the Health Services Department,

omitted to inlude them in the list.

3. I have considered the submissions made at the Bar by the

learned counsel appearing on either side. It is evident from Ext.P2 in

W.P.(C) No.22112 of 2008 that in the provisional seniority list, the

petitioners are included. However, in Ext.P3 final seniority list prepared

by the District Collector, they are not included though persons ranked

below them in Ext.P2 find a place therein. From Ext.P2 it is seen that

Smt.Sherly K.T. employed as Part-time Sweeper in the Krishi Bhavan at

Kottiyoor is ranked as serial No.19 therein, below the petitioners.

However, though the petitioners are not included in Ext.P3 final seniority

list, Smt.Sherly K.T. is included therein as serial No.15. Going by the

seniority in Ext.P2, Smt.Sherly K.T. is admittedly junior to the petitioners.

In any case, as all of them entered service on the same day, I find no

WP(C) 19607/08 -: 3 :-

justification in excluding the names of the petitioners from Ext.P3 final

seniority list.

4. In these circumstances, I direct the District Collector to

forthwith include the names of the petitioners also in the final seniority

list evidenced by Ext.P3 at the appropriate place. After such inclusion

their claim for promotion shall also be considered and if their juniors

have been promoted, the petitioners shall also be promoted with effect

from the date on which their juniors were promoted. The Writ Petitions

are disposed of as above.

P.N.Ravindran,
Judge.

ess 7/11