IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 1520 of 2009(E) ------------------------- PETITIONER(S): ------------------ 1. AJAYA KUMAR.S, PREVENTIVE OFFICER, COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM. 2. M.PUSHKARAN PREVENTIVE OFFICER,FL9 KSBC, KANNUR. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): -------------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER KANNUR. 4. SAJEEVU KUMAR T.P., PREVENTIVE OFFICER EXCISE INTELLIGENCE BUREAU, ERNAKULAM. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1520/09 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE ORDER PROMOTING THE 1ST PETITIONER AS EXCISE PREVENTIVE OFFICER DT 14.3.2005. EXT.P2: TRUE COPY OF THE ORDER PROMOTING THE 2ND PETITIONER AS EXCISE PREVENTIVE OFFICER DT 11.10.2002. EXT.P3: TRUE COPY OF THE JUDGMENT IN WA NO.1085 DT 13.6.2000. EXT.P4: TRUE COPY OF THE JUDGMENT IN WA NO.1815/2000 DT 16.10.2000. EXT.P5: TRUE COPY OF THE ORDER IN RP NO.590/2000 DT 18.12.2000. EXT.P6: TRUE COPY OF THE GOVERNMENT ORDER NO.GO(MS) NO.155/03 TD DT 14.10.2003. EXT.P7: TRUE COPY OF THE GOVERNMENT ORDER DT 4.4.2006. EXT.P8: TRUE COPY OF THE JUDGMENT IN WA NO.1485/2007. EXT.P9: TRUE COPY OF THE ORDER NO.GO(MS) NO.22/08/TD DT 13.2.2008. EXT.P10: TRUE COPY OF THE ORDER ACCOMPANYING THE PROVISIONAL SENIORITY LIST DT 23.7.2008. EXT.P11: TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER. EXT.P12: TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER. EXT.13: TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT EXCISE COMMISSIONER, KANNUR TO THE 1ST RESPONDENT DATED 26.8.08. EXT.P13(a): TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT EXCISE COMMISSIONER, KANNUR TO THE 1ST RESPONDENT DT 13.9.08. EXT.P14: TRUE COPY OF THE ORDER AND RELEVANT EXTRACT OF THE LIST. EXT.P15: TRUE COPY OF THE OBJECTION DT 15.11.08. EXT.P16: TRUE COPY OF THE ORDER DT 16.12.2008 ALONG WITH RELEVANT EXTRACT OF THE FINAL SENIORITY LIST. EXT.P17: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DT 15.9.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 1520 OF 2009 (E) ===================== Dated this the 24th day of November, 2009 J U D G M E N T Petitioners were promoted as Excise Preventive Officers in the Thiruvananthapuram and Kannur Divisions w.e.f. 14/3/2005 and 11/10/2002 respectively. Ext.P10 is the state wise provisional seniority list of Excise Preventive Officers published on 23/7/2008, to which the petitioners filed Exts.P11 and P12 objections. It is stated that the Assistant Excise Commissioner submitted Exts.P13 and P13(a) reports endorsing the objections raised by the petitioners. But however, according to the petitioners, Ext.P14 provisional seniority list was published, to which again, they filed Ext.P15 objection. However, without adverting to the objection so filed, Ext.P16 final seniority list was published and it is challenging Ext.P16, this writ petition is filed. 2. It is now pointed out by the learned counsel for the petitioners that all this exercise was undertaken pursuant to Ext.P9, GO(MS) No.22/08/TD dated 13/2/2008. It is stated that Ext.P9 was challenged before this Court in OP No.34203/2000 and that the said original petition was allowed leading to WPC 1520/09 :2 : cancellation of Ext.P16. Against the said judgment, WA No.1050/09 and connected cases were filed, which were disposed of by a Division Bench of this Court in State of Kerala v. Krishna Kumar (2009(3) KLT 274), upholding the validity of Ext.P9. The operative portion of the judgment reads as under: In the result, the Writ Appeals are allowed. The judgment of the learned Single Judge under appeal is reversed and the concerned Writ Petitions are dismissed. Representations, if any, filed against the seniority list of Excise Preventive Officers shall be dealt with by the competent authority, treating GO(MS) No.22/08/TD dt 13.2.2008 (Ext.P15 in W.P.(C) No.6045/08-WA No.1050/08) as valid. No costs. In the light of the aforesaid direction, petitioners submit that since the representations are directed to be considered, Ext.P15 objection filed by them should be considered duly adverting to Exts.P13 and P13(a) reports submitted by the Assistant Excise Commissioner. 3. In the counter affidavit filed by the respondents, though they accept the fact that the Division Bench has rendered the aforesaid judgment, apart from stating that as a consequence thereof, Ext.P16 seniority list has been revived, they do not say that the representations have been considered or orders passed in pursuance to the Division Bench judgment. WPC 1520/09 :3 : 4. Therefore, I see no reason to decline the prayer now sought for by the petitioners to require the 1st respondent to deal with their objections in the light of the report mentioned above. The writ petition is disposed of directing the 1st respondent to considerExt.P15 objection filed by the petitioners to the provisional seniority list in the light of Exts.P13 and P13(a) reports submitted by the Assistant Excise Commissioners, Thiruvananthapuram and Kannur on the objections filed by the petitioners. This shall be done as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp The words “The Assistant Excise Commissioners, Thiruvananthapuram and Kannur” occurring in the last paragraph of the judgment dated 24/11/2009 in WP(C) 1520/2009 are corrected as “The Assistant Excise Commissioner, Kannur” as per order dated 8/12/2009 in I.A.No.15434/2009. Sd/- Registrar (Judicial)