IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WA.No. 1964 of 2006() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2818/2004 .................... APPELLANT: 1ST PETITIONER -------------------- C.R.SOMAN, LECTURER IN ELECTRONICS ENGINEERING, GOVERNMENT POLYTECHNIC, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENTS: RESPONDENTS ------------------------ 1. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. SENIOR JOINT DIRECTOR (POLYTECHNIC STREAM), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. BINDU.P., LECTURER IN ELECTONICS, GOVERNMENT COLLEGE OF ENGINEERING, SREEKRISHNAPURM, PALAKKAD. 5. JAYA.J.B., JAYALAYAM, S R P MARKET P.O., KARUNAGAPPALLY, KOLLAM- 690539. 6. LEEMA.G., LECTURER IN ELECTRONICS, GOVERNMENT WOMEN'S POLYTECHNIC, KAIMANAM, THIRUVANANTHAPURAM. 7. ANNIE.J. ZENATH.M.S., LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, KALAMASSERY. W.A. NO.1964/2006 8. SHAJU LUIS.A., AYINICKAL HOUSE, CHANGALOOR P.O., SNEHAPURAM, TRISSUR-680312. 9. GEETHA.A.S., VALIYAPARAMBIL HOUSE, KIDANGOOR SOUTH P.O., KOTTAYAM-686583. 10. K.A.RAJMOHAN, ARCHANA, THIRUVANGOOR P.O. CALICUT- 673318. 11. PARVATHI BHASKAR, LAECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, THIRUVANANTHAPURAM. RESPONDENTS NUMBER 4 TO 11 AND 14 ARE DELETED FROM THE PARTY ARRAY VIDE ORDER DT. 15.1.07 IN IA. 29/07. 12. BINDU.C.K., LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, PALAKKAD. * 13. REGI SAROJ.S.M., LECTURER IN ELECTRONICS GOVERNMENT POLYTECHNIC, NEYYATTINKARA. * 14. JASMINE K.S., LECTURER IN ELECTRONICS, WOMEN'S POLYTECHNIC, NEDUPUZHA, TRISSUR. (DELETED) 15. STELLA MARIA, LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, THIRURANGADI. * 16. BEENA.M.S., LECTURER IN ELECTRONICS, GOVERNMENT POLUYTECHNIC, NEYYATTINKARA. * 17. MINI.C, KUNNATHU VEEDU, KOIPPADU, CHATHANNUR, KOLLAM- 691572. (DELETED) 18. SHARMILA.A, DEVINIVAS, KADAPPAKADA P.O., KOLLAM -691008. 19. SANJAY K.CYRIAC, KANIYARAKATHU, RAMAPURAM P.O., KOTTAYAM- 686591. 20. USHA RANI.T.D, LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, NEDUMANGAD, THIRUVANANTHAPURAM. ** 21. MOHAMED NAVAS.V, VAZHAPPALLY, MUTHOOR, TIRUR, MALAPPURAM DISTRICT. (DELETED) 22. AMEER AZHAR.N.V., AMEER MANZIL, AREACODE P.O., MALAPPURAM DISTRICT-673639. W.A. NO.1964/2006 23. SHAMNAD.P. SHAFI, P.S. HOUSE, NALANCHIRA, THIRUVANANTHAPURAM-695015. 24. SOJU.S.S., LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, NEDUMANGAD. 25. ASSAINAR.M.C., LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHINIC, THIRURANGADI, MALAPPURAM DISTRICT. 26. GEORGEKUTTY.P.P., LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC, MATTANNUR. * R13. REGI, SAROJ S.M., LECTURER IN ELECTONICS GOVT. WOMEN'S PLOYTECHNIC KAIMANAM, THIRUVANANTHAPURAM. *R16. BEENA M.S., LECTURER IN ELECTONICS, GOVT. WOMEN'S POLYTECHINIC KAIMANAM, THIRUVANANTHAPURAM. *R17. MINI C., LECTURER IN ELECTONICS GOVT. POLYTECHINIC, ATTINGAL , THIRUVANANTHAPURAM. ADDRESS OF RESPONDENT NUMBERS 13, 16 & 17 ARE CORRECTED VIDE ORDER DT. 15.1.07 IN IA. 29/07. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC SRI.SAIGI JACOB PALATTY SRI.SEBASTIAN PHILIP SRI.P.T.MOHANKUMAR GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1964 OF 2006 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . Writ petitioners joined the Department of Technical Education as Workshop Instructors on 20.2.1997. Their probation was declared on 20.2.1999. They acquired B.Tech qualification on 8.10.1998. They were promoted as Lecturers by order dated 19.2.2000. It is the contention of the appellant that when they were qualified and entitled to be promoted, direct recruitment should not have been made. By Ext.P11 order, 10 candidates were appointed against reported vacancies, before petitioners were qualified. Thereafter, 12 candidates were advised by letter dated 21.6.1999 and they were appointed by Ext.P12 order dated 2.7.1999. Petitioners submitted Exts.P13 to P16 representations. They were appointed as Lecturers only by Ext.P9. It is their case that after their probation was declared, they ought to have been appointed and when their probation was declared and they were fully qualified, vacancies ought not have been reported and, therefore, they claim seniority. Learned Single Judge found that 10 vacancies were reported in 1998. Petitioners cannot claim any seniority as vacancies occurred before declaration of their probation on 20.2.1999 and those 10 WA.1964/2006 2 candidates were also appointed in the vacancies that arose prior to the acquisition of qualification by the petitioners. It is the case of the appellant that respondents 14 to 26 were appointed in the vacancies that arose after 20.2.1999, i.e., after acquisition of qualification by the petitioners and after declaration of their probation. They are claiming seniority above respondents 14 to 26. In the impugned judgment, appointment of only 10 candidates were considered. Review petition was dismissed because subsequent appointments were not specifically argued in the writ petition. Petitioners are entitled to seniority in the respective appointments made after their probation was declared. In fact, respondents 14 to 26 are also made parties in the writ petition. Despite service of notice, there is no appearance for respondents 14 to 26. Petitioners have already given representations which were rejected by Ext.P18 order. Even in Ext.P18 only the question of 10 vacancies was considered. Even if the seniority is refixed, they may get only notional posting. Therefore, we direct the authority to consider the question of seniority of the petitioners over the persons who were appointed after 20.2.1999. Petitioners also shall forward a copy of this judgment to the authority concerned with a further representation pointing out the dates they are claiming for appointments and seniority and the first respondent WA.1964/2006 3 shall pass orders on the same within two months from the date of receipt of a copy of this judgment with notice to all affected parties. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks