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.
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W.P(C).Nos.19607 & 22112 of 2008
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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