High Court Kerala High Court

M.M.Saleelamol vs State Of Kerala on 30 November, 2009

Kerala High Court
M.M.Saleelamol vs State Of Kerala on 30 November, 2009
       

  

  

 
 
  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.
              --------------------------------------------------
                 W.P.(C) NO.26948 OF 2007(G)
              --------------------------------------------------
         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

WPC .No. 26948/07
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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/