IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WA.No. 2408 of 2009() AGAINST THE JUDGMENT IN WPC.3736/2009 Dated 04/08/2009 APPELLANT(S): PETITIONERS 1. B.BABU SENAN, EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 2. K.SATHEESAN, EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 3. R.G.VINOD, EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 4. V.SUNIL KUMAR,EXCISE GUARD, EXCISE RANGE OFFICE,KOLLAM. 5. J.R.PRASAD KUMAR,EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 6. S.ANIL KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 7. PRASANTH.P.MATHEW,EXCISE GUARD, EXCISE RANGE OFFICE,KOLLAM. 8. A.SHILU, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOLLAM. 9. C.SUGUNAN, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOLLAM. 10. A.RAJU, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOLLAM. 11. V.P.WILFRED, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOLLAM. 12. A.SALIM, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 13. M.S.GIREESH KUMAR, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 14. J.JOHN, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 15. A.SHAHALUDEEN, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 16. A.SHAHARUDEEN, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 17. M.SURESH KUMAR, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 18. M.P.SREEKUMAR, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 19.C.SURESH BABU, EXCISE GUARD, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. 20. N.V.GIREESH KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, CHATHANNOOR. 21. P.SIJU, EXCISE GUARD, EXCISE RANGE OFFICE, CHATHANNOOR. 22. M.SURESH, EXCISE GUARD, EXCISE RANGE OFFICE, CHATHANNOOR. 23. P.AJAYA KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE,KARUNAGAPPALLY. 24. V.GOPAN, EXCISE GUARD, EXCISE RANGE OFFICE, KARUNAGAPPALLY. 25. S.UNNIKRISHNA PILLAI, EXCISE GUARD, EXCISE RANGE OFFICE, KARUNAGAPPALLY. 26. P.VIDHU KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, KARUNAGAPPALLY. 27. BRIJESH DAS,EXCISE GUARD, EXCISE RANGE OFFICE, KARUNAGAPPALLY. 28. P.A.AJAYA KUMAR, EXCISE GUARD, EXCISE CIRCLE OFFICE,KARUNAGAPPALLY. 29. B.UNNIKRISHNA PILLAI, EXCISE GUARD, EXCISE RANGE OFFICE, SASTHAMKOTTA. 30. S.RATHEESH KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, SASTHAMKOTTA. 31. R.SURESH BABU, EXCISE GUARD, EXCISE RANGE OFFICE, SASTHAMKOTTA. 32. K.V.EBIMON, EXCISE GUARD, EXCISE RANGE OFFICE, SASTHAMKOTTA. 33. K.N.AJITH KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, SASTHAMKOTTA. 34. G.SURESH KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, EZHUKONE. 35. R.MADHU, EXCISE GUARD, EXCISE RANGE OFFICE, EZHUKONE. 36. SANTHOSH VARGHESE, EXCISE GUARD, EXCISE RANGE OFFICE, KOTTARAKKARA. 37. A.ANZAR,EXCISE GUARD, EXCISE RANGE OFFICE, KOTTARAKKARA. 38. G.UNNIKRISHNAN, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOTTARAKKARA. 39. P.SUJITH KUMAR, EXCISE GUARD, EXCISE CIRCLE OFFICE, KOTTARAKKARA. 40. K.P.SREE KUMAR, EXCISE GUARD,EXCISE RANGE OFFICE, CHADAYAMANGALAM. 41. G.BIJU KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE,CHADAYAMANGALAM. 42. C.L.SUNIL, EXCISE GUARD, EXCISE RANGE OFFICE, PATHANAPURAM. 43. K.RAMACHANDRAN PILLAI,EXCISE GUARD, EXCISE RANGE OFFICE, ANCHAL. 44. V.SUNIL KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, ANCHAL. 45. B.PRADEEP,EXCISE GUARD, MURUGAN PHARMACEUTICALS, PUNALLOOR. 46. S.PREM NAZEER,EXCISE GUARD, EXCISE CHECK POST, ARYANKAVU. 47. M.BIJU, EXCISE GUARD, EXCISE CHECK POST, ARYANKAVU. 48. P.SREE KUMAR, EXCISE GUARD, EXCISE CHECK POST, ARYANKAVU. 49. RESI SAMBAN,EXCISE GUARD, EXCISE CHECK POST, ARYANKAVU. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKAN SRI.PRATHEESH.P SRI.K.B.ARUNKUMAR RESPONDENT(S): RESPONDENTS 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. MANOJLAL, EXCISE GUARD, EXCISE RANGE OFFICE, KOLLAM. 5. ARUN ANTONY, EXCISE GUARD, ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. SENIOR GOVT.PLEADER SRI.BENNY GERVASIS-R1 TO R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2009, ALONG WITH WA NO. 2409 OF 2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A NOS. 2408 & 2409 OF 2009 --------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellants are the petitioners. They have approached this Court aggrieved by the seniority list of Excise Guards in Kollam Division. It will be profitable to extract the prayers in the former Writ Appeal which read as follows:- (i) to call for the entire records leading to Exhibit P-3 and quash the same to the extent it assigns rank and seniority to the inter-division transferees and appointees under the dying in Harness scheme in excess of their respective quota by the issuance of a Writ in the nature of certiorari or any other writ direction or order. (ii) to declare that the assignment of rank and seniority to the inter district transferees and appointees under the Dying in Harness Scheme in Exhibit P-3 above the petitioners is arbitrary, illegal and unsustainable. (iii) to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to cancel all inter division transfers to Excise Division, Kollam and appointments under Compassionate Employment Scheme made in excess of the 10% quota within a time limit to be fixed by this Hon'ble Court. W.A.NO.2408 & 2409 of 2009 2 (iv) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to assign rank and seniority of the above petitioners in the category of Excise Guard to inter- division transferees and appointees under the Compassionate Employment Scheme in excess of the 10 % quota set apart for them. 2. The learned Single Judge dismissed the Writ Petitions and hence the Writ Appeals. 3. In the nature of the order we propose to pass in these cases, we do not think that this Court need go into the various contentions taken by the authorities. It is not in dispute that the seniority list published in the division has been finalized. The remedy open to the petitioners is to invoke the jurisdiction of the Government under Rule 27(B) of the General Rules. We are informed that only the 20th appellant in W.A.No.2408/2009 has approached the Government. Being an issue of fixation of seniority in the division, necessarily the affected parties also have to be heard. Therefore, it is only appropriate that the appellants/petitioners are relegated to pursue their statutory remedy of review under Rule 27(B) of the General Rules. Therefore, the Writ Appeals are disposed of as follows:- The judgment of the learned Single Judge shall not stand in the way of the appellants/petitioners in both cases invoking the statutory remedy of revision under Rule 27(B) of the General Rules before the Government. In the W.A.NO.2408 & 2409 of 2009 3 event of such jurisdiction being invoked within a period of one month from today, the same shall be treated having filed in time. Thereafter, the applications if any, filed as above shall be disposed by the Government with notice to the petitioners and the affected parties within another four months, untrammelled by the observations and findings in the judgment. We further make it clear that since there are large number of appellants, it will be open to them to file one set of appeals and the opportunity of hearing need be granted only to the first three appellants/petitioners as the representative of others. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc