Korah K.Varghese vs Dir.Of Agriculture on 29 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 25140 of 2001(P)



1. KORAH K.VARGHESE
                      ...  Petitioner

                        Vs

1. DIR.OF AGRICULTURE
                       ...       Respondent

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  :SRI.C.P.MOHAMMED NIAS

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :29/01/2009

 O R D E R
                          S. SIRI JAGAN, J.
                 ------------------------------------
                       O.P.No.25140 OF 2001
               ----------------------------------------
               Dated this the 29th day of January, 2009

                             JUDGMENT

The petitioner is a Scientific Assistant in the Department of

Agriculture of the Government of Kerala. By Ext.P7 dated

23.12.2000, the Administrative Assistant, Principal Agricultural

Office, Thrissur – 20 published a provisional seniority list of

Scientific Assistants as on 1.1.2000 calling for objections to the

same, which were to be submitted by 20.2.2001. According to

the petitioner, the petitioner objected to the seniority given to

Sri. M.K. Harikuttan Nair, the 3rd respondent herein, above the

petitioner by filing Ext.P8 which has not been considered while

finalising the seniority list by Ext.P9. Therefore, the petitioner is

seeking the following reliefs:

(i) to call for the entire records which led Exts.P7
and P9 and

(ii) to issue a writ of mandamus compelling the
respondents to effect suitable alteration in Ext.P9 as
has been pointed out in Exts.P8 and P10.

(iii) to issue a writ of mandamus compelling the
respondents to treat the petitioner as having posted as
Scientific Assistant Grade II in the vacancy which

O.P.No.25140/01 2

arose immediately after 14.5.1990.

(iv) to direct the respondents to correct Ext.P9
final seniority list incorporating the name of the
petitioner above respondents 3 and 4.

(v) to direct that the petitioner is entitled to get
posting as Soil Chemist earlier than the 2nd
respondent herein, and also the monetary benefits
due to him in various respects.

(vi) to pass any other order or direction as this
Hon’ble Court may deem fit and proper in the facts
and circumstances of the case;

And;

(vii) to award the cost of the petitioner in these
proceedings.

2. No counter affidavit has been filed by the

1strespondent in this case. Although the learned Government

Pleader tried to argue that Ext.P8 objection has not been

received in time, she could not satisfy me with any material on

record that her statement is correct. Ext.P8 is dated

18.2.2001. It is two days prior to the last date fixed for

submitting the objections. In the absence of any affidavit

stating that the same was not received in time, the 1st

respondent is duty bound to consider Ext.P8.

Accordingly, the writ petition is disposed of with a

direction to the 1st respondent to consider Ext.P8 objection of

the petitioner against Ext.P7 seniority list. If the 1st

respondent finds that the petitioner is entitled to any change in

O.P.No.25140/01 3

seniority, Ext.P9 seniority list shall be revised accordingly,

after hearing all parties, who are likely to be affected by such

decision. The above exercise shall be taken up and completed

within a period of two months from the date of receipt of a

copy of this judgment.

S. SIRI JAGAN, JUDGE

Acd

O.P.No.25140/01 4