Writ petition by retired Deputy Director regarding alteration of seniority. Court disposed of the matter advising the petitioner to approach the first respondent with further grievances within three months.
Petitioner directed to approach the first respondent regarding further grievances within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930
WP(C).No. 30423 of 2006(V)
---------------------------------------
PETITIONER:
------------------
P. SURENDRAN, AGED 54 YEARS, DEPUTY DIRECTOR OF PANCHAYATHS, CIVIL STATION, KOZHIKODE.
BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM
RESPONDENTS:
----------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM.
3. SMT. MARY RAJEENA, DEPUTY DIRECTOR OF PANCHAYATHS, KILA, THRISSUR.
4. Y. MATHEW, DEPUTY DIRECTOR OF PANCHAYATHS (RTD.), PATHANAMTHITTA.
SRI.ELVIN PETER P.J. FOR R3 SRI.K.SASIKUMAR FOR R.4 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 & R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO. 30423/2006
APPENDIX
PETITIONERS EXHIBITS
EXT.P1:- COPY OF THE RELEVANT PORTION OF SENIORITY LIST.
EXT.P1(a):- COPY OF THE SELECT LIST DT. 9.4.2002.
EXT.P2:- COPY OF THE RELEVANT PORTION ORDER BEARING NO.E 11-1-98 DT. 19.4.2002.
EXT.P3:- COPY OF THE ORDER DT. 30.3.2004 ISSUED BY THE 2ND RESPONDENT
EXT.P4:- COPY OF THE REPRESENTATION DT. 8.7.04.
EXT.P4(a):- COPY OF THE REPRESENTATION DT. 20.12.2004.
EXT.P5:- COPY OF THE ORDER DT. 2.4.05.
EXT.P6:- COPY OF THE JUDGMENT IN WPC. NO.17615/2005 DT. 5.7.2005.
EXT.P7:- COPY OF THE ORDER BEARING NO.4715/2005/LSGD DT. 25.11.2005.
EXT.P8:- COPY OF THE ORDER G.O.(RT0 NO.1311/2006/LSGD DT. 26.5.2006.
RESPONDENT'S EXHIBITS
EXT.R1(a):- COPY OF THE GAZETTE NOTIFICATION NO.19 DT. 11.5.99.
EXT.R1(b):- COPY OF THE GAZETTE NOTIFICATION.
EXT.R1(c):- COPY OF THE GAZETTE NOTIFICATION NO.15 DT. 9.4.02.
EXT.R3(a):- COPY OF THE ORDER DT. 26.8.1997 ISSUED BY THE DIRECTOR OF PANCHAYATS.
EXT.R3(b):- COPY OF THE SENIORITY LIST OF SPECIAL GRADE EXECUTIVE OFFICERS PUBLISHED AS EXT.R3(a).
EXT.R3(c):- COPY OF THE SELECT LIST FOR PROMOTION TO THE CATEGORY OF SENIOR SUPERINTENDENTS ISSUED AS PER NOTIFICATION D.T 23RD APRIL, 1999 PUBLISHED IN THE GAZETTE DT. 11TH MAY, 1999.
EXT.R3(d):- COPY OF THE JUDGMENT DT. 22.7.2003 IN WA. NO.919/2000 OF THIS HONOURABLE COURT.
EXT.R3(e):- COPY OF THE ORDER DT. 28.7.2000 OF THE 2ND RESPONDENT.
EXT.R3(f):- COPY OF THE ORDER DT. 25.11.2005 OF THE GOVERNMENT.
/ TRUE COPY/
P.A. TO JUDGE
tss
KURIAN JOSEPH, J.
--------------------------------------W.P.(C) No.30423 OF 2006
--------------------------------------Dated this the 24th day of September, 2008.
J U D G M E N T
Petitioner approached this Court with certain grievance with regard to alteration of seniority. It is seen that he has already retired from service. Therefore, this writ petition is disposed of making it clear that in case the petitioner has still any grievance left, he may approach the first respondent, in which case, appropriate action in accordance with law in the matter will be taken, with notice to the petitioner and affected parties if any, within another three months. In view of the judgment as above, the contentions are left open.
KURIAN JOSEPH, JUDGE.
smp
KURIAN JOSEPH, J.
W.P.(C) No. 30423 OF 2006
J U D G M E N T
24.09.2008
P. SURENDRAN
STATE OF KERALA
THE DIRECTOR OF PANCHAYATHS
SMT. MARY RAJEENA
Y. MATHEW
KURIAN JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
