IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5446 of 2009(A) ------------------------- PETITIONER: --------------- M.B. SEKHARAN, ASST. EXCISE INSPECTOR, EXCISE RANGE OPFFICE, ANCHAL, KOLLAM. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SMT.ASHA P.KURIAKOSE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. EXCISE COMMISSIONERR, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIIONER, EXCISE DIVISIONAL OFFICE, THODUPUZHA, IDUKKI. 4. DEPUTY COMMISSIONER, EXCISE DIVISIONAL OFFICE, KOLLAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5446 of 2009 -------------------------- Dated this the 19th February,2009 J U D G M E N T Petitioner is working as Assistant Excise Inspector in the Excise Range Office, Kollam. The main grievance raised is that his seniority has been overlooked while granting promotion as Assistant Excise Inspector and consequential promotion as Excise inspector is also not granted to him. 2. Petitioner entered service as Excise Guard on 2.11.1981 at the Circle Range Office, Perumedu. On 25.3.1996, he was promoted as Excise Preventive Officer, which is evidenced by Exhibit-P1. Exhibit-P3 is the State wise provisional seniority list of Preventive Officers from 2.2.1993 to 30.6.2003 wherein he was ranked as 288. According to him, he is entitled to get promotion to the post of Assistant Excise Inspector on the basis of Exhibit- P3 seniority list. As per order dated 21.5.2008, the final seniority list was published and he was ranked as 33 in the above list against which he has filed Exhibit-P4 W.P ( C) No.5446 of 2009 2 representation before the 2nd respondent. 3. According to him, the assignment of the said ranking is not correct as he was not given an appropriate place after counting his promotion with effect from 25.3.1996. In the District wise provisional seniority list of Excise Preventive Officers for the period from 2.2.1993 to 30.6.2003, he was ranked as 32. Again he filed a representation in the matter. According to him, by Exhibit- P5, the Assistant Excise Commissioner had requested the 2nd respondent to correct the same. Even though he was given a reply as per Exhibit-P6 stating that corrections will be effected when the State wise provisional seniority list of Excise Officers for the period from 2.2.1993 to 30.6.2006, he was ranked as 877 in the said list. Exhibit-P8 is the proceeding by which objections have been called for to the same and according to the petitioner he has filed Exhibit-P9 thereto. 4. In the meanwhile, according to the petitioner, so many juniors have been promoted as Preventive Officers, Assistant Excise Inspectors and Excise Inspectors before he was promoted and one of the orders have been produced W.P ( C) No.5446 of 2009 3 as Exhibit-P10. Going by Exhibit-P10, petitioner has also been promoted. 5. For considering the contentions raised by the petitioner for restoration of his position in the seniority list, it is evident that juniors will have to be issued with notice in the matter. 6. Even though the petitioner has submitted Exhibit-P9¸learned counsel for the petitioner submitted that he may be allowed to submit a detailed objection apart from Exhibit-P9. 7. Since the petitioner has submitted Exhibit-P9 pursuant to Exhibit-P8, the competent authority among the respondents will consider Exhibit-P9 and any other further representation that the petitioner may wish to file, along with the objections which might have been submitted by other persons, as expeditiously as possible and appropriate orders will be passed in accordance with law. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5446 of 2009 4 W.P ( C) No.5446 of 2009 5