IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 19076 of 2008(U) ----------------------------------------- PETITIONER(S): ------------------------- U.FASSALUDEEN, DEPUTY TAHSILDAR, REVENUE RECOVERY, KOLLAM. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.T.R.SADEESAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19076/2008 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGMENT DTD. 21/03/1991 IN W.A.NO.799/1988 AND CONNECTED CASES. EXT.P2: COPY OF PROCEEDINGS NO.L.R.E5-3001/2008 DTD.5/05/08 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF PROCEEDINGS NO.LR.T1-6060/07 DTD. 19/05/08 AND RELEVANT EXTRACT OF SENIORITY LIST ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 27/05/08. EXT.P5: COPY OF LETTER NO.22694/C2/08/R.D. DTD. 7/06/08 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. EXT.P6: COPY OF LETTER NO.22694/C2/08/RD DTD. 22/12/2008 FROM THE PRINCIPAL SECRETARY TO GOVERNMENT TO COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. EXT.P7: COPY OF G.O.(P) NO.852/80/RD DTD. 16/06/1980 OF THE GOVERNMENT OF KERALA, REVENUE (C)DEPARTMENT. EXT.P8: COPY OF THE DRAFT AMENDMENT PROPOSED IN THE SPECIAL RULES BY THE GOVERNMENT OF KERALA, REVENUE (C)DEPARTMENT. EXT.P9; COPY OF THE JUDGMENT DTD. 05/02/2009 IN W.P.C.NO. 3828/2009 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- W.P.(C).19076/2008 -------------------- Dated this the 26th day of March, 2009 JUDGMENT Petitioner joined service as Lower Division Clerk in the Land Revenue Department on 23.10.1980. After acquiring necessary qualifications, he was promoted as Upper Division Clerk on 23.8.1989, Head Clerk/Revenue Inspector on 28.6.2000 and Deputy Tahsildar on 7.1.2005. 2. The main grievance highlighted in the writ petition relates to non finalization of the provisional seniority list of the Deputy Tahsildar published on 26.5.2007. Petitioner points out that a Division Bench of this Court had in Ext.P1 judgment, held as early as on 21.3.1991, that the feeder category of Deputy Tahsildar consists of Head Clerk/Head Accountant, Firka Revenue Inspectors/Special Revenue Inspectors, UDC and LDC. A state wide seniority list of qualified candidates in the feeder category was permitted to be enforced for the W.P.(C).19076/2008 2 purpose of effecting appointment by transfer to the post of Deputy Tahsildar. Seniority must be determined by applying Rule 28(b)(i), (vi) and (vii) of K.S & S.S.R. Review of promotions had not been undertaken so far, contends the petitioner. In Ext.P5, Government has taken the view that the question as to whether the benefit of Ext.P1 judgment rendered in the year 1991, should be extended to the applicants, requires time as there have been so many developments. Ext.P5 is dated 7.6.2008. 3. Petitioner submits that Ext.P4 has been filed before the Land Revenue Commissioner taking up specific objections as regards the provisional seniority list of the feeder category and appointment by transfer to the post of Deputy Tahsildar. He contends that juniors to him, who joined service during 1984, were promoted as Tahsildar ahead of him. Review of promotions, as already directed in W.P.(C).19076/2008 3 Ext.P1, would result in the restoration of seniority, according to him. Writ petition has been filed essentially praying for finalization of the provisional seniority list of Deputy Tahsildar keeping in mind Ext.P1 judgment and the specific directions issued by the Division Bench in Thankaraj v. State of Kerala and Others (1996 (3) ILR (Ker), 733). Government has filed a counter affidavit. Paragraph 5 of the same reads as follows:- Even though it is stated in Ext.P2 proceedings that the promotions given to the grade of Deputy Tahsildar would be reviewed as and when the seniority list of Village Officer/Head Clerk/Revenue Inspector is finalized in accordance with Ext.P1 judgment, it is now found that no further review appears to be necessary, since promotions are made in accordance with Ext.P1 judgment. W.P.(C).19076/2008 4 4. The stand taken above would indicate that no review as such is required. But Ext.P5 indicates that the Government required the Commissioner of Land Revenue to furnish his specific and considered views in the implementation of the judgment dated 21.3.1991. Ext.P6, a further communication of the Government to the Commissioner of Land Revenue dated 22.2.2008, projects the pendency of the instant writ petition as reason for not taking action in terms of Ext.P1 judgment. These factors mentioned above reveal a sorry state of affairs. Ext.P1 judgment is dated 21.3.1991. It does not require any further review. A Bench of this Court directed that a seniority list of the feeder categories to the post of Deputy Tahsildar is to be prepared by applying the provisions which are mentioned therein. The list ought to have been prepared. Further directions have been issued by the Division Bench in Thankaraj’s case. There have been several other directions by this Court. In spite of all W.P.(C).19076/2008 5 these, Government considers it appropriate to mention in Ext.P5 dated 21.5.2008 that implementation of any judgment passed in 1991, requires further examination. There seems to be either lethargy or a deliberate intention not to implement the directions of this Court. 5. It is necessary that there is a finalization of seniority list of Deputy Tahsildar in accordance with the directions in Ext.P1 judgment. Objections filed by the petitioner as Ext.P4, requires to be considered in the course of finalization of the provisional seniority list. 6. In the result, writ petition is disposed of directing respondents 1 and 2 to see that the State wide seniority list in the feeder categories to the post of Deputy Tahsildar as identified in Ext.P1 judgment is finalized at the earliest, in accordance with the directions issued in Ext.P1 judgment, at W.P.(C).19076/2008 6 any rate, within six months from the date of receipt of a copy of this judgment. Objections filed by the petitioner as contained in Ext.P4, which he may supplement with any other specific objections in that regard, shall also be taken into account by the competent authority,while finalizing the seniority list. Writ petition is disposed of as above. V.GIRI, Judge mrcs