IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 15689 of 2005(P) -------------------------------------- PETITIONER: ------------------- C.SUBRAMANIA PILLAI, VILLAGE INDUSTRIES OFFICER, KHADI AND VILLAGE INDUSTRIES BOARD, PALAKKAD. BY ADVS. MR.R.RAJASEKHARAN PILLAI, MR.M.S.NISHAD. RESPONDENTS: ------------------------ 1. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM. 2. MADHUSOODANAN NAIR K., PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, THIRUVANANTHAPURAM. 3. NATARAJA PILLAI. S., PROJECT OFFICER, DISTRICT KHADI VILLAGE INDUSTRIES OFFICE, KOLLAM. 4. LAILA BEEVI M., ASST. REGISTRAR, PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, PATHANAMTHITTA. 5. JAYADEVAN.C., ACCOUNTS OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 6. SMT. RAJAMMA N., PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ALAPPUZHA. W.P.(C). NO.15689/2005-P: 7. SMT. LILLY A.P., DEPUTY REGISTRAR, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 8. SMT.JAMEELA P., PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KOTTAYAM. 9. VINUTHAMBIKA AMMA S., STATE KHADI ORGANISER, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 10. LEELAMMA K., PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, IDUKKI. 11. P. NAZEERKHAN, ASST. REGISTRAR, MANAGING DIRECTOR, ALL KERALA COTTAGE INDUSTRIES FEDERATION, RAMANKULANGARA, KOLLAM. 12. S. DINAKAR, ASST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, THRISSUR. 13. M.KOYAKUTTY, VILLAGE INDUSTRIES OFFICER, DISTRICT KHADI VILLAGE INDUSTRIES OFFICE, ERNAKULAM. 14. T.M. AYISHABEEVI, ASST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ALAPPUZHA. 15. P.K. MOHANAKUMARAN NAIR, ASST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KOTTAYAM. 16. C.R. JAYALAKSHMI, ASST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ERNAKULAM. 17. K.N.AMBIKA, SENIOR SUPERINTENDENT, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 18. P. RADHAKRISHNAN NAIR, ASST. REGISTRAR, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 19. P.NALINI, SENIOR SUPERINTENDENT (R.R), KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. W.P.(C). NO.15689/2005-P: 20. P. SASIRAJAN, ASST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, THIRUVANANTHAPURAM. 21. PADMAJA A., VILLAGE INDUSTRIES OFFICER, PAYYANNUR, KHADI CENTRE. 22. SHEEJA A, SENIOR SUPERINTENDENT, KHADI WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, THIRUVANANTHAPURAM. 23. RAMACHANDRAN N., VILLAGE INDUSTRIES OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, ERNAKULAM. 24. C.K. THANKAPPAN, VILLAGE INDUSTRIES OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KOLLAM. 25. K. REVAMMA, ASSIST. REGISTRAR, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KANNUR. R1 BY MR. K.P. HARISH, S.C,. R2,5,6,7,13,14,17,18,19 & 20 BY MR.A.JAYASANKAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15689/2005-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. KB.11393/79/E1.DTD. 26/05/1983 ISSUED BY THE R.1. EXT.P.2: COPY OF THE ORDER NO. KB. 8658/84/E1 DTD. 20/07/1984 ISSUED BY THE R.2. EXT.P.3: COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST DTD. 07/08/98. EXT.P.5: COPY OF THE REPRESENTATION DTD. 02/05/2001 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE REPLY DTD. 10/01/2003 FROM THE R.1. TO THE PETITIONER. EXT.P.7: COPY OF THE JUDGMENT DTD. 13/07/2004 IN O.P. NO. 9435/2003 OF THIS HON'BLE COURT. EXT.P.8: COPY OF THE ORDER DTD. 26/07/2004 IN I.A. NO. 9565/04 IN O.P. NO. 9435/2003 OF THIS HON'BLE COURT. EXT.P.9: COPY OF THE ORDER NO. KB.4339/2001/E1(A) DTD. 13/04/2005 OF THE R.1. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE LETTER NO.A1/04 DTD. 11/10/04 ISSUED TO THE R.1. EXT.R11.A: COPY OF THE LETTER DTD. 11/10/2004 FROM THE ASSISTANT REGISTRAR, KOTTAYAM TO SECRETARY OF R.1. EXT.R11.B: COPY OF THE G.O.(P) 780/83 DTD. 16/12/1983 ISSUED BY GOVERNMENT OF KERALA. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 15689 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of December, 2009 JUDGMENT The petitioner joined in the first respondent as a Junior Co-operative Inspector, on being advised by the Kerala Public Service Commission on 4- 5-1983. Ext.P1 is the order appointing him. While continuing thus, he tendered resignation from the above post to join in the Co-operative Department. Later, he sought for permission to rejoin duty under the first respondent, which was allowed by Ext.P2 order dated 20-7-1984 on condition that he will be in the rank and seniority just below the junior most Junior Co-operative Inspector then in service. It is also stated that his absence will be treated as leave on loss of pay. Accordingly, the petitioner rejoined duty as Co-operative Inspector on 27-7-1984 and he is continuing in the service of the first respondent. 2. On 7-8-1988, Ext.P4 seniority list was published. In the seniority list the petitioner was shown as Junior to party respondents in this writ petition. However, when the writ petition was heard, counsel for the petitioner objected to the seniority assigned only respondents 21 to 25 W.P.(C) No. 15689/05 2 alone. He filed Ext.P5 objection, which was ordered to be considered in Ext.P7 judgment of this Court in O.P.No.9436 of 2003. 3. Accordingly, the matter was considered and Ext.P9 order was passed by the first respondent. A reading of Ext.P9 shows that the petitioner claimed seniority from the date of his initial appointment and it was turned down. In the writ petition the main contention raised is that respondents 21 to 25 having commenced service subsequent to 27-7-1984, when the petitioner rejoined duty pursuant to Ext.P2, the petitioner is entitled to have seniority over them. 4. Respondents 21 to 25, despite service of notice, have not entered appearance. 5. In the counter affidavit filed by the first respondent, the contention raised that the aforesaid respondents were appointed pursuant to the Public Service Commission advice dated 11-6-1984. It is stated that in view of this, they are entitled to seniority from that date. According to the first respondent, the petitioner commenced service only from 27-7-1984 and therefore he has to take place below respondents 21 to 25 in the seniority list. 6. The petitioner submits that seniority is to be reckoned by applying rule 27© of the Kerala Khadi and Village Industries Board W.P.(C) No. 15689/05 3 (Classification and Conditions of Recruitment of Staff) Regulations 1967, which have been framed in pursuance to the provisions contained in the Kerala Khadi and Village Industries Act, 1957. It is stated that if so the date of commencement of service is to be reckoned as per the Regulations and therefore the petitioner is entitled to be senior to respondents 21 to 25. 7. Section 34 of the Act provides for framing Regulations of the Board. In exercise of the powers conferred under section 34(2)(b) of the Act, the Kerala Khadi and Village Industries Board (Classification and conditions of recruitment of staff) Regulations 1967 have been framed by the first respondent. Clause 23 of the Regulations reads as follows:- “23. Seniority (a) Seniority of a person in a service class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade. If any portion of the service of such person does not count towards probation under these Regulations, his seniority shall be determined by the date of commencement of his service which counts towards probation. b) The Board shall, at the time of passing an order appointing W.P.(C) No. 15689/05 4 two or more persons simultaneously to a post fix the order of preference among them; and seniority shall be determined in accordance with it.” The 1967 Regulation was modified by Kerala Khadi and Village Industries Board (Classification and Conditions of Recruitment of Staff) Regulations, 2006. 8. Clause 22© of the Regulation 2006, deals with seniority, which reads as follows:- “© Notwithstanding anything contained in clause (a) and (b) above, the seniority of a person appointed to a class, category or grade in a service on the advice of the Commission shall, unless he has been reduced to a lower rank as punishment, be determined by the date of first effective advice made for his appointment to such class, category or grade and when two or more persons are included in the same list of candidates advised, their relative seniority shall be fixed according to the order in which their names are arranged in the advice list.” 9. Kerla Khadi and Village Industries Board (Classification and Conditions of Recruitment of Staff) Regulations 2006 came into force only from 31st March 2006. Therefore until then seniority should have been W.P.(C) No. 15689/05 5 reckoned based on clause 23 of the Kerala Khadi and Village Industries Board (Classification and conditions of recruitment of staff) Regulations 1967. If that be so, the seniority shall be determined by the date of commencement of service. Since 1967 Regulations being the Special Rules governed the field, General Rules will not be applicable in the present case. 10. Therefore, the seniority assigned to respondents 21 to 25 on the basis of the date of effective advice is erroneous and hence, Ext.P4 seniority list needs to be revised. This, the first respondent, shall do as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment and consequential orders shall be passed. This writ petition is allowed as above. ANTONY DOMINIC, JUDGE. mn.