V.I.Velayudhan vs State Of Kerala on 17 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37137 of 2008(U)


1. V.I.VELAYUDHAN, 54 YEARS, S/O.ITTAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. COMMANDANT GENERAL,

                For Petitioner  :SRI.U.BALAGANGADHARAN

                For Respondent  : No Appearance

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

 Dated :17/12/2008

 O R D E R
                         P.N.RAVINDRAN, J.
         ======================================
                     W.P.(C)No.37137 of 2008
         ======================================
           Dated this the 17th day of December 2008

                            JUDGMENT

Heard Sri.U.Balagangadharan, the learned counsel appearing

for the petitioner and Smt.Anu Sivaraman, the learned

Government Pleader appearing for the respondents.

2. The petitioner is presently working as Station Officer in

the Fire and Rescue Services Department. He is aggrieved by the

rank and seniority assigned to him in the final seniority list of

Station Officers issued as per Ext.P4 order dated 8.9.2008. The

petitioner submits that aggrieved by Ext.P4 final seniority list, he

has filed Ext.P5 representation before the Secretary to

Government, Department of Home Affairs under Rule 27B of Part

II of the KS&SSR. In Ext.P5, he has sought modification of Ext.P4

final seniority list by assigning him rank and seniority between

Sl.Nos.51 and 52 therein. In this Writ Petition, the petitioner inter

alia prays for a direction to the first respondent to consider

Ext.P5 representation and pass orders thereon within a time limit

to be fixed by this Court.

3. Rule 27B of Part II of the KS&SSR empowers the

Government to resolve disputes regarding seniority and matters

connected therewith. The petitioner has in Ext.P5 invoked the

said power of the Government. As the petitioner has invoked a

statutory remedy available to him, the Government is bound to

W.P.(C)No.37137 of 2008 2

consider the same and pass orders thereon. In these

circumstances, I dispose of the Writ Petition with a direction to

the Secretary to Government, Department of Home Affairs to

consider Ext.P5 representation and pass orders thereon, after

notice to and affording the petitioner and Station House Officers

ranked above him up to Sl.No.51, an opportunity of being heard.

Final orders in the matter shall be passed within four months

from the date of receipt of a copy of this judgment.

P.N.RAVINDRAN, JUDGE

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