In Review R.P. Nos. 1063 & 996 of 2012, the Court set aside a dated 25-09-2012 judgment directing promotion based on an invalid seniority list. The petitioners succeeded, and the writ petition was dismissed.
Recalled judgment dt. 25-09-2012, review petitions allowed, writ petition dismissed.
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 P.R.RAMACHANDRA MENON
MONDAY, THE 19TH DAY OF NOVEMBER 2012/28TH KARTHIKA 1934
RP.No. 1063 of 2012 (F) IN WPC/22051/2012
AGAINST THE JUDGMENT IN WPC.22051/2012 DATED 25-09-2012
REVIEW PETITIONER/THIRD PARTY :
B.KHADARKUNJU DRAFTSMAN GRADE I (HIGHER GRADE), OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, KERALA WATER AUTHORITY, ALUVA.
BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI
RESPONDENTS/PETITIONERS & RESPONDENTS ::
1. AKBER ALI.N.K., DRAFTSMAN GRADE I (HR.GR) P.H.SECTION NO.3, KERALA WATER ATHORITY, MALAPPURAM - 676505.
2. MERCY.P.T. DRAFTSMAN GRADE I (Hr.Gr), WATER WORKERS SUB DIVISION, KERALA WATER AUTHORITY, KALOOR, KOCHI - 682017.
3. HARIKRISHNAN UNNITHAN.V., DRAFTSMAN GRADE I (Hr.Gr) WATER SUPPLY PROJECT SUB DIVISION, KERALA WATER AUTHORITY, HARIPAD - 690 514.
4. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTO, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.
5. THE DEPUTY CHIEF ENGINEER (GENERAL), THE KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALA, THIRUVANANTHAPURAM - 695033.
R BY ADV. SRI.N.SUGATHAN R BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
RP.No. 1063 of 2012 (F) IN WPC/22051/2012
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE A: COPY OF THE JUDGEMENT DT 26/11/2008 IN OP O. 879/2002 OF THIS HON'BLE COURT.
ANNEXURE B: COPY OF THE AFFIDAVIT DT 15/9/2012 ALONG WITH CIRCULAR DT 25/8/12 FILED BY THE WATER AUTHORITY BEFORE THIS HON'BLE COURT.
RESPONDENT'S ANNEXURE : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
P.R. RAMACHANDRA MENON, J.
R.P.Nos. 1063 & 996 of 2012 in W.P.(C).No. 22051 of 2012
Dated this the 19th day of November, 2012
ORDER
The review petitioners have approached this Court seeking to set aside the judgment dated 25.9.2012, whereby the respondents were directed to consider the petitioners for promotion, against the available vacancies, based on the seniority position as referred to by the petitioners with reference to Ext.P2 seniority list.
Court in view of the interim order dated 06.02.2009 in W.A.No.151/09.
R.P. Nos.1063 & 996 of 2012 -2-
“i) To issue a writ of mandamus or any other appropriate writ or order directing respondents to effect promotions to the vacancies of Assistant Engineer in Diploma quota from Draftsman Grade I on the basis of the seniority assigned in Ext.P2 final seniority list of Draftsman Grade I;
ii) To issue a writ of mandamus or any other appropriate writ or order directing respondents to consider the claim of the petitioners for promotion to the category of Assistant Engineer in the Diploma quota in the existing vacancies on the basis of their seniority in Ext.P2 final seniority list of Draftsman Grade I and to promote them as Assistant Engineers at the earliest; and
iii) To issue such other appropriate writ, order or direction as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.”
R.P. Nos.1063 & 996 of 2012 -3-
When the matter was finalized by this Court giving the directions as per judgment dated 25.9.2012, the concerned seniority list which was sought to be relied on by the writ petitioners was not in existence and as such, no relief could have been granted to the petitioners with reference to the position in the said seniority list.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
1 issue framed by the court
Whether the review petitioners in this promotion dispute succeeding in setting aside the judgment dated 25-09-2012.
B. Khadarkunju
Akber Ali. N. K.
Mercy. P.
HARIKRISHNAN UNNITHAN.V.
The Kerala Water Authority
P.R. Ramachandرا Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
