IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 19047 of 2007(P) ------------------------------------------ PETITIONER: --------------------- P.G.PRINCE, LASCAR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, TRANSPORT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, KERALA STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19047/2007 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RELEVANT EXTRACT OF ORDER NO.E1.30095/95 DTD. 20/06/02 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF RELEVANT EXTRACT OF ORDER NO.E5.14083/04 DTD. 13/12/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF ORDER NO.E1-10237/05 DTD. 8/11/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 23/02/06. EXT.P5: COPY OF ORDER NO.E1-10237/05 DTD. 11/05/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF ORDER NO.4405/D1/2006/TRANSPORT DTD. 5/5/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF LETTER NO.E4-4872/07 DTD. 10/12/07 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.19047 of 2007 ------------------------- Dated this the 8th day of April, 2008. JUDGMENT The petitioner was appointed as a Lascar in the State Water Transport Department as per Ext.P1 dated 20.6.2002 and probation in the said post was declared on 11.7.2004. While so, the petitioner was advised to the post of Police Constable and he was appointed on 16.2.2005. On 10.5.2005 the petitioner made a request for repatriation back to the State Water Transport Department and it was allowed under Ext.P3 dated 8.11.2005. The petitioner rejoined duty in his parent department and made an application for fixing his seniority in the post of Lascar ignoring the period spent as a police constable. This was rejected under Ext.P6 and the petitioner was directed to be treated as the junior most in the post of Lascar. Ext.P6 has been challenged in this writ petition. 2. In the counter affidavit filed on behalf of the 1st respondent, it is stated as follows: W.P.(C).NO.19047/07 :: 2 :: (3) It is submitted that, actually Rule 8 of KSS&SSRs is not applicable to the Last Grade Service going by Rule 3 of Kerala Last Grade Service Special Rules. Hence the re-appointment and continuance of the petitioner in the State Water Transport Department can only be traced to Rule 19(a) of Kerala Service Rules Part I. While preparing the seniority list of the lascars who have Boat Master's license, the name of the petitioner was not included in the seniority list, because, at that time he was not an employee of this Department. (5) Rule 8 of KS &SSRs is not made applicable to the Last Grade Service. Rule 3 of Kerala Last Grade Service Special Rules is relevant in this context. His reappointment and continuance in the State Water Transport Department can be traced to only Rule 19(a) of Kerala Service Rules Part I. Attention is also invited to Rule 17(d) of the Kerala Last Grade Service Special Rules which states that Probationers, approved probationers or full members desiring transfer from the jurisdiction of one appointing authority may be permanently transferred mutually or otherwise, with the mutual consent of the appointing authorities concerned, if the persons desiring transfer (i) forgo W.P.(C).NO.19047/07 :: 3 :: their right to seniority based on Rule 14 and each of them takes his rank last in the list of probationers, approved probationers or full members, as the case may be, for the administrative unit to which he is transferred as it stands on the date on which he joins the new unit and (ii) receive no T.A for the journeys to the places to which they are transferred.” 3. The question to be considered is whether the post of Lascar is included in the Kerala Last Grade Service Special Rules and if so, whether Rule 8 of Part II of Kerala State and Subordinate Services Rules could be made applicable to Last Grade Service as such. 4. On a perusal of the Special Rules relating to the Kerala Water Transport Subordinate Services Rules (Operating Wing) , it is seen that the post of Lascar is included in Category No.3. A post which is included in the Kerala State Subordinate Service Rules, obviously cannot be included in the Special Rules for Last Grade Service. Therefore, the stand taken by the 1st respondent in the counter affidavit does not seem to be correct. W.P.(C).NO.19047/07 :: 4 :: 5. In the result, Ext.P6 order is set aside and the 2nd respondent is directed to pass orders on Ext.P4 application, on the premise that the post of Lascar is included in the Kerala State Water Transport (Operating Wing) and therefore, Rule 8 of Part II of Kerala State and Subordinate Services Rules applies to the said post also. Orders shall be passed within two months from the date of receipt of a copy of this judgment. The order to be passed by the Director will comprehend consequential benefits to be drawn by the petitioner, as well. The writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge