IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WA.No. 770 of 2006(B) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.6879/2006 Dated 08/03/2006 .................... APPELLANT(S): PETITIONER ------------------------------------------- 1. PRADEEPAN.C, UDC/SVO, TALUK OFFICE, KASARAGOD. 2. PRASANNAKUMARI.T.K, UDC/SVO, TALUK OFFICE, KASARAGOD. BY ADV. SMT.V.P.SEEMANDINI, SENIOR ADVOCATE RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. THE DEPUTY COMMISSIONER, LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE DISTRICT COLLECTOR, MALAPPURAM. 4. THE TAHSILDAR, KASARAGOD. SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1 TO 4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO. 770 OF 2006 =================== Dated this the 2nd day of June, 2011 J U D G M E N T Antony Dominic, J. The appellants were the petitioners in WP(C) No.6879/06. The writ petition was filed challenging Ext.P6. The facts are that the appellants joined service as Clerk/Typist in the Revenue Department on 6/12/2001 and 1/12/01 respectively. Subsequently based on the option exercised by them in pursuance to Exts.P7 to P9, they continued as Lower Division Clerks. On 15/1/2005, as per Ext.P4,they were promoted as Upper Division Clerk/Village Assistant. Subsequently, Ext.P4 order was cancelled, which was called in question before this Court in WP(C) No.30025/05. That writ petition was disposed of by this Court directing the 1st respondent to reconsider the matter. Accordingly, the contentions of the appellants were reconsidered and Ext.P6 order was issued upholding Ext.P4. It was in these circumstances challenging Ext.P6, the writ petition was filed. By the judgment under appeal, learned Single Judge dismissed the writ petition and hence the appeal. WA No.770/06 : 2 : 2. In the appeal along with IA 342/2011, the appellants have produced GO No.112288/T8/05/RD dated 18/6/08 issued by the Commissioner Land Revenue, the English translation of which reads as under:- Inviting attention to your letter dated 30/10/2007. As per G.O(P) No.20/90/P&ARD dated 31/5/1990, those who are entering service as Clerk-Typist should submit their option for continuance in the category of clerk or typist, within six months from the date of joining duty. The employee, who is making such an option, is eligible for promotion to the post of UDC/UD Typist even before completing 5 years of service. Those who are continuing in service without promotion and getting category change after 5 years, they are eligible for the same based on their earlier option. The above order is intended to protect the seniority and promotion, based on option exercised by the employee. Sri.Abdulkareem, who joined service as Clerk Typist on 19/6/2001 submitted his option within the permitted period and the same was accepted. In the above circumstance, it is informed that the applicant, who joined service as clerk typist is eligible for promotion as U.D.Clerk, based on his seniority in the cadre of L.D.Clerk. 3. A reading of this order shows that the claim dealt with in the said order is that of a person who is similarly situated to that of the appellants and in the light of this order, necessarily the appellants' cases are also liable to be reconsidered. 4. Therefore, we dispose of this writ appeal quashing Ext.P6 and directing the 1st respondent to reconsider the claim of WA No.770/06 : 3 : the appellants against the cancellation of Ext.P4 in the light of the aforesaid Government Order. This the 1st respondent shall do with notice to the appellants and as expeditiously as possible, at any rate within 2 months from the date of production of a copy of this judgment. It is directed that until the matter is reconsidered and orders are passed as above, the interim order passed by this Court on 7th of April, 2006 staying reversion of the appellants shall remain in force. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp