IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 32153 of 2005(C) -------------------------- PETITIONERS: ------------ 1. SUKUMARAN K.V., SELECTION GRADE ASSISTANT, NOW WORKING AS SENIOR ACCOUNTANT (ON DEPUUTATION), COMMAND AREA DEVELOPMENT AUTHORITY (CADA), CHEMBUKKAVU, THRISSUR. 2. BABU V., SELECTION GRADE ASSISTANT DISTRICT FINANCE INSPECTION SQUAD, CIVIL STATION, KALPATA P.O., WYNAD. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. GEORGE JOSEPH, SELECTION GRADE ASSISTANT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. SMT.C.BINDU RANI, SELECTION GRADE ASSISTANT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.T.V.GEORGE GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 32153/2005 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE JOINING REPORT ISSUED BY THE UNDER SECRETARY, FINANCE (ADMINISTRATION-A) DEPT. DATED 9.7.1996. EXT.P2 - TRUE COPY OF THE ADVICE MEMO ISSUED BY PUBLIC SERVICE COMMISSION DATED 6.6.1996. EXT.P3 - TRUE COPY OF THE ORDER OF DECLARATION OF PROBATION DATED 25.1.2000. EXT.P4 - TRUE COPY OF THE ORDER OF PROMOTION ISSUED BY THE UNDER SECRETARY, FINANCE (ADMINISTRATION-A) DEPT. DATED 1.8.1997. EXT.P5 - TRUE COPY OF THE COVERING LETTER ISSUED BY THE UNDER SECRETARY, FINANCE (ADMINISTRTION-B) DEPT. DATED 22.3.1999. EXT.P5(a) – TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANTS IN THE FINANCE DEPARTMENT AS ON 1.12.1998. EXT.P6 - TRUE COPY OF THE ORDER NO.4501(3)/ADMN.A2/2000/FIN. DATED 12.7.2000. EXT.P7 - TRUE COPY OF THE MEMO NO. 46460/AD.A2/97/FIN. DATED 18.3.1997. EXT.P8 - TRUE COPY OF THE ORDER NO.GO.(MS) 2356/99/FIN. DAATED 25.11.1999 DECLARING THE PROBATION OF THE 2ND PETITIONER. EXT.P9 - TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.7.2001. EXT.P9(a) - TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.5.2005. EXT.P10 - TRUE COPY OF THE GOVERNMENT ORDER NO.47918/ADMN.A2/2002/FIN. DATED 11.7.2002. EXT.P11 - TRUE COPY OF THE JUDGMENT DATED 5.1.2000 IN W.A.NO.880/1998C EXT.P12 – TRUE COPY OF THE JUDGMENT DATED 24.8.2005 IN R.P. NO.383/2002. EXT.P13 - TRUE COPY OF THE ORDER DATED 8.8.2005 NO.54821/ADMN.B1/2005/FIN. EXT.14 - TRUE COPY OF THE G.O.(P) NO.30/PD (SERVICE-D DEPARTMENT) DATED 5.2.1968 EXT.15 - TRUE COPY OF G.O.(Ms) NO.235/71/PD DATED 14.8.1971. EXT.P16 - TRUE COPY OF THE CIRCULAR MEMORANDUM NO.78319/RULES-1/83/GAD DATED 12.6.1984. EXT. PRODUCED ALONG WITH I.A.NO.3572/2007: EXT.P16 – TRUE COPY OF THE MEMO NO.13101/ADMN. B3/06/FIN. DATED 17.2.2007 AND PROVISIONAL SENIORITY LIST OF SELECTION GRADE ASSISTANTS IN FINANCE DEPARTMENT AS ON 1.1.2007 ISSUED BY THE 2ND RESPONDENT. WPC 32153/2005 EXTS. PRODUCED ALONG WITH I.A.NO.15308/2007: EXT.P17 - TRUE COPY OF THE ORDER NO.4501/ADMN. A2/2000/FIN. DATED 13.3.2000. EXT.P18 - TRUE COPY OF THE ORDER NO.13101/ADMN.A2/2007/FIN DATED 9.8.2007. EXT.P19 - TRUE COPY OF THE ORDER NO.13101/ADMN.B1/07/FIN DATED 1.9.2007 ALONG WITH MODIFIED SENIORITY LIST OF ASSISTANT GRADE-I IN THE FINANCE DEPARTMENT AS ON 1.1.2001. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 32153 OF 2005-C ----------------------------------------- JUDGMENT The petitioners are Selection Grade Assistants, working in the Finance Department. They were aggrieved by Ext.P6 seniority list of Assistants Grade I published on 12.7.2000. Their representations against the same were rejected by Exts.P10 and P13 orders. Therefore, this writ petition was filed, challenging Exts.P6, P10 and P13. During the pendency of the writ petition, the Government have issued Ext.P18 order, re- assigning the date of promotion of the petitioners, taking into account the last date of Account Test (Lower), for which they appeared, in the light of Rule 28(bbb) of Part II, K.S. & S.S.R. Thereafter, the Government have published Ext.P19 revised seniority list of Assistants Grade I in the Finance Department as on 1.1.2001 and called for objections to the assignment of seniority in the said seniority list. In view of the above position, Ext.P6 is now replaced by Ext.P19 and therefore, the challenge against Exts.P6, P10 and P13 has become infructuous. If the petitioners have any grievance against the assignment of seniority in Ext.P19, they may work out their remedies. Subject to that right the writ petition is closed. The party Wpc 32153/2005 2 respondents herein also will be free to seek appropriate reliefs against the said seniority list, if they have any grievance against the same. 18th January, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/