IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23947 of 2011(P) -------------------------- PETITIONER(S): --------------- RADHA.V,COMMERCIAL TAX OFFICER (ENQUIRY) OFFICE OF THE DEPUTY COMMISSIONER,COMMERCIAL TAXES PALAKKAD. R/AT 'SANNIDHI',17/138(1),KADAMCODE, PO KARINKARAPPULLY,PALAKKAD DISTRICT. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,TAXES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE COMMISSIONER OF COMMERCIAL TAXES, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPUAM 695 001. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER) COMMERCIAL TAXES DEPARTMENT,REPRESENTED BY ITS CONVENOR, THE COMMISSIONER OF COMMERCIAL TAXES,THIRUVANANTHAPURAM 695 001. BY G.P.SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23947 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOCOPY OF RELEVANT EXTRACT OF THE FINAL SENIORITY LIST OF ASSISTANT SALES TAX OFFICERS/COMMERCIAL TAX INSPECTORS APPOINTED FOR THE PERIOD FROM 1.4.1993 TO 31.12.1999 AS PER PROCEEDINGS NO.G1-67678/97/TX. DATED 22.9.2000 OF THE JOINT COMMISSIONER-I, COMMERCIAL TAXES, THIRUVANANTHAPURAM. EXT.P2: PHOTOCOPY OF ORDER NO.G2 4354/03/K.DIS. DATED 16.11.2007 OF THE DEPUTY COMMISSIONER (GENERAL), IN-CHARGE OF JOINT COMMISSIONER-1. EXT.P3: PHOTOCOPY OF JUDGMENT OF THIS HONOURABLE COURT, DATED 5.10.2009, RENDERED BY THIS HONOURABLE COURT IN W.P.(CIVIL) NO.25651 OF 2009 B. EXT.P4: PHOTOCOPY OF ORDER NO.A8.1000/10/CT DATED 15.1.2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND OTHERS. EXT.P5: PHOTOCOPY OF FINAL SENIORITY LIST OF COMMERCIAL TAX OFFICERS FOR THE PERIOD FROM 1.1.2005 TO 31.12.2007 FINALIZED AS PER THE PROCEEDINGS OF THE 2ND RESPONDENT AS PER ORDER NO.G1.29063/2007/CT DATED 3.6.2011. EXT.P6: PHOTOCOPY OF APPEAL DATED 18.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: PHOTOCOPY OF JUDGMENT OF THIS HONOURABLE COURT, DATED 15.6.2010, RENDERED IN W.P.(C)NO.23625 OF 2009 W. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.23947 of 2011 ---------------------------- Dated 2nd September, 2011 JUDGMENT The petitioner is presently working as Commercial Tax Officer (Enquiry) attached to the Office of the Deputy Commissioner, Commercial Taxes, Palakkad. This writ petition has been filed mainly with the following prayer:- “issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass appropriate orders on Exhibit P7 (sic. P6) appeal.” Ext.P6 is an appeal preferred by the petitioner under Rule 27B of Part II of the Kerala State & Subordinate Services Rules, 1958 raising his grievances against Ext.P5 seniority list. Ext.P5 seniority list was published on 3.6.2011. Since Ext.P6 is a statutory appeal in terms of Rule 27B of Part II of the Kerala State & Subordinate Services Rules, the first respondent is bound to consider the same and pass appropriate orders thereon. In that view of the matter, this writ petition is disposed of with a direction to the first respondent to consider and pass appropriate orders on Ext.P6 expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Needless to say that person/persons likely to be affected shall also be put on notice. Sd/- C.T.RAVIKUMAR Judge TKS