IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 OP.No. 13940 of 1996(H) --------------------------------- PETITIONERS: ------------------- 1. M.YOUNUS KUNJU, DEPUTY TAHSILDAR, KERALA STATE FINANCIAL ENTERPRISES, KOLLAM. 2. I.SHAMSUDDINKUTTY RAWTHER, DEPUTY TAHSILDAR, TALUK OFFICE, PATHANAPURAM. BY ADV. SMT.V.P.SEEMANDINI RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE BOARD OF REVENUE REP.BY ITS SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.13940/1996 ORDER ON CMP. NO.24527/1996 IN OP. NO.13940/1996 DISMISSED 20.02.2008 SD/- C.N.RAMACHANDRAN NAIR, JUDGE SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) 911/84/HD.. DT. 10.9.84. EXT.P2:- COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.360/92/RD DT. 4.9.92. EXT.P3:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT NO.LR(E) 12. 25942/94 DT. 25.11.94. EXT.P4:- COPY OF THE LETTER NO.11145/C2/95/RD DT. 15.6.95 FROM THE COMMISSIONER & SECRETARY TO GOVERNMENT. EXT.P5:- COPY OF THE LETTER NO.68892/C2/94/RD FROM THE COMMISSIONER AND SECRETARY TO GOVERNMENT DT. 5.6.95. /TRUE COPY/ P.A. TO JUDGE tss C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.13940 of 1996-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008. JUDGMENT T.R. Ramachandran Nair, J. The writ petitioners approached this court challenging their placement in the seniority list. They were promoted as Deputy Tahsildars on 14.9.1994. The issue regarding integration of Revenue and Village staff was resolved by a Division Bench of this court in Writ Appeal No.162/1991 and connected cases, pursuant to which a fresh State-wise seniority list of H.C./R.I. and Deputy Tahsildars were prepared by the second respondent. The judgment of the Division Bench is dated 6.4.1995. Even though they filed representations, those representations were rejected by Exts.P4 and P5. It is seen that the representations were rejected in the light of the principles stated by the Division Bench in the above said judgment. 2. In the counter affidavit filed by the respondents, it is explained in paragraph 5 that as per the directions of the Division Bench in the common judgment dated 6.4.1995, the Board of Revenue prepared and published the seniority list of VA/LDC, VO/UDC, HC/RI, Deputy Tahsildar and Tahsildar, wherein the petitioners' rank is 369 and 397 respectively. It is OP 13940/1996 -2- explained that going by the direction of the Division Bench in the common judgment dated 6.4.1995, a person who had not completed the period of probation in the cadre of Deputy Tahsildar, is not eligible for promotion to the cadre of Tahsildar. The probation of the petitioners commenced only on 14.9.1994. It is also explained that persons who got promotion to the Deputy Tahsildar cadre up to 25.4.1990, have been promoted as Tahsildar so far and there are about 300 persons senior to the petitioners awaiting promotion to the cadre of Tahsildar based on the seniority in the cadre of Deputy Tahsildar. 3. In the light of the above facts, we do not find anything wrong on the part of the respondents in not considering the petitioners for promotion as Tahsildar based on a fresh seniority list. Therefore, the petitioners are not entitled for any of the reliefs prayed for in the original petition. The original petition is therefore dismissed. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) OP 13940/1996 -3- kav/ C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - O.P. No.13940 of 1996-H - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 20th February, 2008.