IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26948 of 2007(G)
1. M.M.SALEELAMOL, FULL TIME SWEEPER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. DIRECTOR OF PANCHAYATHS,
3. DEPUTY DIRECTOR OF PANCHAYATS,
4. E.K.THANKAMANI, PRESENTLY WORKING AS
5. B.SUJATHA,
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent :SRI.M.V.BOSE
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.26948 OF 2007(G)
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Dated this the 30th day of November, 2009
J U D G M E N T
Challenge in this writ petition is against Ext.P10.
2. Petitioner and respondents 4 and 5 joined as Part Time
Sweepers on 26.61996. They were made Full Time Sweepers with
effect from 11.10.1998. In Ext.P3 provisional seniority list,
petitioner was at Sl. No.36, respondents 4 and 5 are at Sl. Nos.38
and 40. However, in Ext.P4 final seniority list, petitioner was at Sl.
No.42 and respondents 4 and 5 were at Sl. No.33 and 35.
Petitioner represented against Ext.P4 by Exts.P6 and P7 and by
Ext.P9 judgment of this court the 2nd respondent was directed to
send Exts.P6 and P7 to the first respondent and the first
respondent was directed to consider the objections. It was
accordingly Ext.P10 order was issued which is under challenge in
this writ petition.
3. A reading of Ext.P10 shows that apart from referring to
the relative seniority position of the parties in Ext.P4 final
seniority list, which itself was under challenge, there is no
explanation what so ever as to why the seniority position as
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reflected in Ext.P3 provisional seniority list was upset and the
seniority was assigned as shown Ext.P4. Therefore the grievance
of the petitioner has not been adverted to in Ext.P10. For that
reason without expressing anything on the merits of the
contention raised I am inclined to set aside Ext.P10.
Accordingly, Ext.P10 will stand set aside. The first
respondent is directed to reconsider the matter as directed in
Ext.P9, as expeditiously as possible and at any rate within 3
months from the date of receipt of a copy of the judgment, with
notice to the petitioner.
Writ petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/