The Court dismissed a writ petition by a Junior Superintendent challenging his non-promotion. The Court held grievances regarding the seniority list must be raised in objections to the provisional list, noting no juniors had been promoted yet.
The writ petition was dismissed with no relief granted.
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 ANTONY DOMINIC
MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932
WP(C).No. 13602 of 2010(A)
PETITIONER(S):
A.V.SHAJI, JUNIOR SUPERINTENDENT, VALLIKUNNU GRAMA PANCHAYAT, VALLIKUNNU P.O., MALAPPURAM DISTRICT, RESIDING AT ARRESSERIL HOUSE, KATTEMPARAMP, VATTEKUNNAM, EDAPPALLY NORTH.P.O, ERNAKULAM.
BY ADV. SRI.BABU CHERUKARA
SRI.R.THULASEEDHARAN PILLAI
RESPONDENT(S):
O/O.THE DEPUTY DIRECTOR OF PANCHAYATS, MALAPPURAM.
PAU-1, O/O.THE DEPUTY DIRECTOR OF PANCHAYATS, ERNAKULAM.
WPC NO.13602/2010
WPC NO.13602/2010
KONNI GRAMA PANCHAYAT, PATHANAMTHITTA.
O/O.THE DEPUTY DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM.
MANNANCHERY GRAMA PANCHAYAT, ALAPPUZHA.
O/O.THE DEPUTY DIRECTOR OF PANCHAYATS, PAU-1, WAYANAD.
WPC NO.13602/2010
ERUMELI GRAMA PANCHAYAT, KOTTAYAM.
DISTRICT PANCHAYAT, PATHANAMTHITTA.
CHUNKATHARA GRAMA PANCHAYAT, MALAPPURAM.
PERUVAYAL GRAMA PANCHAYAT, KOZHIKODE.
ALAKKOD GRAMA PANCHAYAT, KANNUR.
MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
W.P.(C.) No.13602 of 2010 (A)
Dated, this the 12th day of July, 2010
J U D G M E N T
The petitioner is working as a Junior Superintendent in the Panchayat Service. His complaint is that without finalising the draft seniority list for which objections have been filed, promotions are effected overlooking his seniority.
by the present seniority list, the petitioner is at serial No.2017 and the last person promoted is at Serial No.1926. It is stated that it was because the petitioner's turn did not reach that he was not promoted. It is also stated that subsequently, a provisional seniority list was published, which has been challenged in WP(C) No.14057/2010 and that the provisional seniority list has been stayed by this Court.
From the submissions thus made by the learned Government Pleader, it is obvious that going by the present seniority list in force, the petitioner's seniority has not been overlooked. Although he has
WP(C) No.13602/2010
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grievances against the seniority as reflected in the present seniority list, those grievances will have to be raised in his objections to the present provisional seniority list, and as at present, since none of the petitioner's juniors have been promoted, the grievances now raised are without any merit.
This writ petition fails and is accordingly dismissed.
(ANTONY DOMINIC, JUDGE)
jg
1 issue framed by the court
Whether the petitioner can challenge promotions effected without finalizing the seniority list before objections are raised.
A.V. SHAJI
THE PANCHAYAT DIRECTOR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
