IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 18741 of 2008(F) --------------------------------------- PETITIONER(S): ----------------------- 1. P.SHERLY, SECTION OFFICER, HIGHER EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, RESIDING AT: VALIYAVILAYIL, TC 7/1006(1), BHASI NAGAR, KOCHULLUR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. S. SREEVALSAN, SECTION OFFICER, GENERAL ADMINISTRATION (SPECIAL-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, RESIDING AT: SREERANGAM, ARASUMMOODU, KULATHOOR, P.O., THIRUVANANTHAPURAM. BY ADVS.MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. * 3. DR. P.PRABAKARAN, ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. (DELETED) *R3 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 25.3.09 IN IA. 4391/09. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18741/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 13.1.07 SUBMITTED BY THE IST PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT. P2:- COPY OF THE REPRESENTATION DT. 15.1.07 SUBMITTED BY THE IST PETITIONER BEFORE THE ADDITIONAL CHIEF SECRTARY TO GOVERNMENT (GENERAL ADMINISTRATION DEPARTMENT). P3:- COPY OF THE REPRESENTATION DT. 26.2.07 SUBMITTED BY THE IST PETITIONER BEFORE THE CHIEF SECRETARY TO GOVERNMENT. P4:- COPY OF THE REPRESENTATION DT. 28.10.05 SUBMITTED BY THE 2ND PETITIONER BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT. P5:- COPY OF THE LETTER NO.2556/SA1/07/GAD DT. 17.2.07 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER TO THE IST PETITION. P6:- COPY OF THE ORDER DT. 24.1.06 PASSED BY THIS HONOURABLE COURT IN WPC./ BNO.2269/06. P7:- COPY OF THE ORDER DT. 24.2.06 PASSED BY THIS HONOURABLE COURT IN WPC. NO.2269/06. P8:- COPY OF THE INTERLOCUTORY APPLICATION NO.5290/07 FILED BY THE ADDITIONAL RESPONDENTS IN WPC. NO.11804/07. P9:- COPY OF THE ORDER DT. 11.4.07 IN WPC. 11804/07. P10:- COPY OF THE JUDGMENT DT. 24.5.07 IN WPC. 11804/07 OF THIS HONOURABLE COURT. P11:- COPY OF THE APPLICATION FOR EXTENSION OF TIME FILED BY THE RESPONDENTS 1 AND 2 IN WPC. 11804/07 AS IA. NO.2210/08. P12:- COPY OF THE JUDGMENT DT. 16.1.08 IN WA. NO.2963/07 OF THE DIVISION BENCH OF THIS HONOURABLE COURT. P13:- COPY OF THE JUDGMENT DT. 19.2.08 IN WA. 426/08. P14:- COPY OF THE LETTER DT. 27.2.08 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT. W.P.(C) NO.18741/2008 P15:- COPY OF THE ORDER GO(RT) NO.4470/08/GAD DT. 29.5.08 ISSUED BY THE RESPONDENT. P16:- COPY OF THE LETTER NO.28906/SA1/2007/GAD DT. 23.7.07 OF THE DEPUTY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT. P17:- COPY OF THE JUDGMET DT. 6.608 IN CONTEMPT CASE (C) NO.358/08. TRUE COPY P.S. TO JUDGE TSS P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18741 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of June, 2009 JUDGMENT Heard Sri.Murali Purushothaman, the learned counsel appearing for the petitioners and Sri Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioners are presently working as Section Officers in the Higher Education Department and the General Administration Department respectively. They belong to Scheduled Caste communities. They along with two others had earlier approached this Court by filing W.P.(C) No. 11804 of 2007 seeking a writ in the nature of mandamus commanding the Government of Kerala to consider the request made by the first petitioner in Ext.P1 to P3 representations and by the second petitioner in Ext.P4 representation for granting them the benefit of exemption under Rule 13A (1)(a) of Part-II of the K.S. & S.S.R. and to re-fix their seniority in the category of Assistant Grade-I as on 24-8-1995. That request was opposed by party respondents over whom the petitioners claimed seniority contending that the request is highly belated and that they are entitled to sit back and enjoy the seniority which they had over the petitioners. By Ext.P10 W.P.(C) No. 18741/08 2 judgment delivered on 24-5-2007 a learned Single Judge of this Court held as follows:- “..The Rules governing exemption from test qualification have been introduced for the benefit of the candidates , belonging to the Scheduled Caste, who were sidelined and marginalized from the main stream for centuries. So, even if there is some delay to assert their rights, the same cannot be pressed into service as a ground to reject their claim, if they are otherwise eligible”. 3. The party respondents in W.P.(C) No.11804 of 2007 challenged Ext.P10 judgment by filing W.A. Nos. 426 of 2008 and 2963 of 2007. Both the writ appeals were dismissed. Thereafter, the Government considered the representation submitted by the petitioners and passed Ext.P15 order dated 29-5-2008 rejecting the petitioners' request on the ground of delay. Ext.P15 is under challenge in this writ petition. The operative portion of Ext.P15 reads as follows:- “Government have examined the matter in detail after affording an opportunity of hearing the petitioners and affected parties. It is not desirable to unsettle the settled seniority position of Assistants existing in the Administrative Secretariat for years. If such unsettling is allowed, it would place the entire Administrative machinery in a quite embarrassing situation. In the circumstances the request of the petitioners do not deserve consideration and hence, rejected.” 4. A reading of Ext.P15 indicates that the Government have rejected the request made by petitioners in Exts.P1 to P4 representations on the short W.P.(C) No. 18741/08 3 ground that the request is highly belated. In the light of the findings and observations of this Court in Ext.P10 judgment ,which are binding on the State of Kerala, the Government could not have rejected the representations solely on the ground of delay. No other reason is stated in Ext.P15 to deny the relief sought for by the petitioners. I am therefore of the opinion that Ext.P15 cannot be sustained. In the result, the writ petition is allowed, Ext.P15 is quashed and the Government are directed to reconsider Exts.P1 to P4 representations after affording the petitioners and any other person who will be affected, a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioners produce a certified copy of this judgment before the Secretary to Government, General Administration Department. P.N.RAVINDRAN, JUDGE. mn.