Ravichandran Pillai M vs High Court Of Kerala Represented ...
2023 Latest Caselaw 3210 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    WP(C) NO. 10086 OF 2023
PETITIONER:

         RAVICHANDRAN PILLAI M
         AGED 50 YEARS
         OFFICE ATTENDANT
         JUDICIAL FIRST CLASS MAGISTRATE COURT,
         RANNI, PATHANAMTHITTA, RESIDING AT POKKATTU
         PUTHEN VEEDU, ARINALLOOR SOUTH P.O
         KOLLAM-690538

         BY ADVS.
         S.PRASANTH (AYYAPPANKAVU)
         VARSHA BHASKAR
         ANUPAMA SIBI


RESPONDENTS:

    1    HIGH COURT OF KERALA
         REPRESENTED BY THE REGISTRAR GENERAL
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2    THE REGISTRAR (DISTRICT JUDICIARY)
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031
    3    CHIEF JUDICIAL MAGISTRATE
         MINI CIVIL STATION PATHANAMTHITTA,
         PIN - 689645
    4    DHANESH KUMAR
         OFFICE ATTENDANT,
         JUDICIAL FIRST CLASS MAGISTRATE COURT,
         REVENUE TOWER THIRUVALLA,
         PATHANAMTHITTA, PIN - 689101
 WP(C) No.10086 of 2023

                            2


     5      SALINI P.S
            OFFICE ATTENDANT,
            JUDICIAL FIRST CLASS MAGISTRATE COURT,
            COURT COMPLEX ADOOR, PATHANAMTHITTA - 691523
     6      SHALINI D
            OFFICE ATTENDANT,
            JUDICIAL FIRST CLASS MAGISTRATE COURT,
            REVENUE TOWER THIRUVALLA,
            PATHANAMTHITTA, PIN - 689101

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10086 of 2023

                                  3




                             JUDGMENT

Dated this the 23rd day of March, 2023

The petitioner is working as Office Attendant in the office

of the Judicial First Class Magistrate's Court, Ranni. He is

aggrieved by the fact that persons, who are juniors to the

petitioner in the cadre of Office Attendant, have been placed

above the petitioner in the seniority list. Ext.P8 is the seniority

list. Though the petitioner raised his grievances before the 3 rd

respondent, the petitioner's grievance was not considered and

a draft seniority list has been published as per Ext.P8A.

2. Aggrieved by non-consideration of the grievance of

the petitioner and publication of the draft seniority list, the

petitioner has preferred Ext.P9 representation before the

2nd respondent. Unless the petitioner's grievance is

considered and remedied, the petitioner will be put to

difficulties in his career, contends the petitioner. WP(C) No.10086 of 2023

3. I have heard the learned counsel for the petitioner.

4. The petitioner has raised a grievance regarding his

seniority in the cadre of Office Attendant. The petitioner

entered service before respondents 4 to 6 and he is senior to

them. According to the petitioner, there is no distinction

between Higher Grade Office Attendants and Office

Attendants. Higher Grade is only a ratio of promotion granted

as per relevant pay revision orders. In accordance with Rule

14 of the Special Rules for the Kerala Last Grade Service,

seniority is to be determined based on the order of the first

appointment in the category. There is only one category of

Office Attendant and there is no separate category of Senior

Grade Attendant, contends the petitioner.

5. Taking into consideration the grievance projected

by the petitioner, I am of the view that the 2 nd respondent can

consider Ext.P9 representation submitted by the petitioner in

accordance with law.

WP(C) No.10086 of 2023

The writ petition is hence disposed of directing the

2nd respondent to consider Ext.P9 representation submitted by

the petitioner and pass appropriate orders thereon in

accordance with law, within a period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.10086 of 2023

APPENDIX OF WP(C) 10086/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER NO A2223/2011 DATED 06.09.2011 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF ORDER NO C2462/12 DATED 22.08.2012 ISSUED BY THE 3RD RESPONDENT I Exhibit P3 TRUE COPY OF ORDER NO A1-325/15 DATED 02.02.2021 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA Exhibit P4 TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 25.04.2018 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE EXTRACT OF THE DRAFT SENIORITY LIST OF STAFF OF CRIMINAL JUDICIAL WING OF PATHANAMTHITTA DISTRICT DATED 28.02.2018 Exhibit P5 TRUE COPY OF THE EXTRACT OF THE DRAFT SENIORITY LIST OF STAFF OF THE CRL. WING OF PATHANAMTHITTA DISTRICT AS ON 01-08-2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 29-08-2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO A1/22 DATED 02.09.2022 SENT BY THE JUDICIAL FIRST CLASS MAGISTRATE-I, ADOOR TO THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 06.10.2022 ALONG WITH THE EXTRACT OF THE FINALISED SENIORITY LIST OF STAFF OF THE CRL. WING OF PATHANAMTHITTA DISTRICT Exhibit P8A CLEAR COPY OF EXHIBIT-P8 (A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 06.10.2022 ALONG WITH THE EXTRACT OF THE FINALISED SENIORITY WP(C) No.10086 of 2023

LIST OF STAFF OF THE CRL. WING OF PATHANAMTHITTA DISTRICT) Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 07.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT