IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 15003 of 2002(J) ----------------------- PETITIONER(S): --------------- M.A.RAJU,COMPOSITOR GRADE-1, GOVERNMENT PRESS,ERNAKULAM. BY ADV. SRI.T.A.SHAJI SRI.M.A.ASIF RESPONDENT(S): --------------- 1. THE DIRECTOR OF PRINTING,GOVERNMENT CENTRAL PRESS,THIRUVANANTHAPURAM 2. S.LEELA,COMPOSITOR GRADE-1, GOVERNMENT CENTRAL PRESS,THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1 SRI.NANDAKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 15003 of 2002 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE RELEVANT EXTRACT OF THE FINAL GRADATION LIST DATED 8.10.98 PUBLISHED BY THE 1ST RESPONDENT EXT.P2- TRUE COPY OF THE RELEVANT EXTRACT OF THE PROVISIONAL GRADATION LIST DATED 18.12.01 PUBLISHED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 25.1.02 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P4- TRUE COPY OF THE ORDER DATED 21.3.02 ISSUED BY THE 1ST RESPONDENT EXT.P5- TRUE COPY OF GOVERNMENT ORDER GO(MS)550/68/FIN DATED 12.12.68 EXT.P6- TRUE COPY OF THE RELEVANT EXTRACT OF THE FINAL GRADATION LIST DATED 27.3.02 PUBLISHED BY THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- O.P.15003/2002 -------------------- Dated this the 27th day of May, 2010 JUDGMENT Pursuant to his being advised by the PSC, petitioner entered service as Compositor Grade-II in the Printing Department by joining Government Press at Mannanthala on 27.7.1987. Thereafter, on an application made by the petitioner, he got an inter district transfer to the Government Press, Ernakulam where he joined on 21.12.1987. 2. In 1988, Ext.P1 gradation list was published wherein the petitioner was included as Sl.No.372 giving him seniority from 27.7.1987 when he entered service. The 2nd respondent who entered service later was shown as his junior. Subsequently in 2001, Ext.P2 provisional gradation list was published. In that list, 2nd respondent was shown as Sl.No.280 whereas petitioner was shown as 289. This was because his service from 21.12.1987, when he joined Ernakulam Government Press on inter district transfer, alone was given credit. He submitted Ext.P3 objection which was rejected by Ext.P4 and by Ext.P6 proceedings of the 1st O.P.15003/02 2 respondent, Ext.P2 gradation list was published. It is in these circumstances, the writ petition is filed contending that the petitioner is entitled to seniority over the 2nd respondent giving credit for the service rendered by him from 27.7.1987. 3. It is his contention that his seniority having been settled by Ext.P1, could not have been revised to his disadvantage at a later point of time. On the other hand, from the counter affidavit filed by the 1st respondent it would appear that when Ext.P1 gradation list of the Technical employees of the Printing Department was published, the fact that the petitioner lost seniority due to inter district transfer was not considered. It is stated that subsequently, based on the judgment of this Court in O.P.6674/91 and O.P.5586/93, where this Court held that the employees who secured inter district transfers would get seniority in the entry cadre with effect only from the date of their joining duty in the new district, steps were taken for revising the gradation list. It was in pursuance to that direction gradation list was revised and Ext.P2 provisional gradation list was published. Respondents also contend that under the first proviso to Rule 27(a) of KS & SSR, O.P.15003/02 3 seniority shown in Ext.P6 is legal and does not call for any interference. 4. Admittedly, petitioner has joined the Government Press, Ernakulam on inter district transfer. Unit of appointment is district wise. If that be so, on transfer petitioner joined the transferred unit, as the junior most. This is consistent with the first proviso to Rule 27(a) of KS & SSR. Therefore, seniority as reflected in Ext.P6 does not suffer from any irregularity to be interfered with in this proceedings. 5. It is true that by Ext.P1, seniority of the petitioner was finalized. However, when this Court laid down the law that those who was transferred by inter district transfer will be the junior most in the transferred unit and directed revision of the seniority settled by Ext.P1, respondents cannot be faulted for taking necessary follow up action. If that be so, the contention of the petitioner that seniority once settled, could not have been disturbed, does not deserve acceptance. Therefore, Ext.P6 cannot be interfered with. O.P.15003/02 4 6. However, it is clarified that though the date of joining in the transferred unit will determine the seniority of the petitioner, that date cannot be taken as the date of his entry into service, for other purposes. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs