IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 OP.No. 27296 of 2002(Y) ----------------------- PETITIONER(S): --------------- M. GOVINDAN, U.D. CLERK, GURUVAYUR DEVASWOM, GURUVAYUR P.O., THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. THE GURUVAYUR DEVASWOM, MANAGING COMMITTEE, GURUVAYUR, REPRESENTED BY THE ADMINISTRATOR. 2. THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR P.O. 3. P. SREENARAYAN, U.D. CLERK, GURUVAYUR DEVASWOM, GURUVAYUR P.O. 4. C.V. VIJAYAN, U.D. CLERK, GURUVAYUR DEVASWOM, GURUVAYUR P.O. R4 BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN SRI.K.RADHAKRISHNAN (SR.) R1 AND R2 BY ADV. SRI.P.NANDAKUMAR,SC,GURUVAYUR D BOARD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27-8-2008 ALONG WITH OP NO. 28896 OF 2002 OP NO. 37514 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP NO. 46396 OF 2002 IN OP 27296 OF 2002 DISMISSED 27.8.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. SD/-V.K. MOHANAN, JUDGE. APPENDIX (OP 27296 OF 2002) PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PROCEEDINGS DATED 6.1.1988 CONTAINING THE LIST OF PANEL. EXT.P2 TRUE COPY OF THE PROCEEDINGS DATED 19.10.2000 EXT.P3 TRUE COPY OF THE PROCEEDINGS DATED 19.10.2000 EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 25.10.2000 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT-COMMITTEE EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 18.8.2001 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE MEMO DATED 16.10.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7 TRUE COPY OF THE APPEALMEMORANDUM DATED 1.11.2001 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT-COMMITTEE EXT.P8 TRUE COPY OF THE RESOLUTION PASSED BY THE 1ST RESPONDENT COMMITTEE DATED 14.12.2001 EXT.P9 TRUE COPY OF THE ORDER DATED 26.8.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P10 TRUE COPY OF THE ORDER DATED 3.7.90 ISSUED BY THE 2ND RESPONDENT. EXT.P11 TRUE COPY OF THE RESOLUTION NO. 79 DSATED 22.3.2001 OF THE FIRST RESPONDENT. 2ND RESPONDENT'S EXHIBITS: ANNEXURE A TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DATED 14.10.2000 ANNEXURE B TRUE COPY OF THE DECISION OF THE MANAGING COMMITTEE DATED 2.3.2000 ANNEXURE C TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DATED 12.4.2002 ANNEXURE D TRUE COPY OF THE DECISION OF THE MANAGING COMMITTEE DATED 23.7.2002 4TH RESPONDENT'S EXHIBITS: EXT.R4(a) TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE REF. B.1. 3629/86 DATED 3.7.1990 3 EXT.R4(b) TRUE COPY OF THE P.A. TO ADMINISTRATOR, GURUVAYOOR DEVASWOM VIDE A2-564/98 DATED 1;4.1.1998 EXT.R4(c) TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE B1-7002/98 DATED 28.7.1998 EXT.R4(d) TRUE COPY OF RESOLUTION OF THE 1ST RESPONDENT DATED 12.4.2002 IN ITEM NO. 19 EXT.R4(e) DO. DATED 2.3.2000 VIDE DECISION NO.1. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- O.P. Nos. 27296, 28896 & 37514/2002 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. The question raised in all these connected cases pertains to inter- se seniority of LD Clerks in Guruvayur Devaswom. All the petitioners were appointed as LD Clerks and all of them were later promoted as UD Clerks. The issue cropped up only when promotions were given from the cadre of LD Clerk to UD Clerk wherein respondents 3 and 4 in O.P. 27296 of 2002 were given seniority over the petitioner in that O.P. The case of the petitioner in OP 27296 of 2002 is that he was appointed against a regular vacancy on 6.1.1988 as LD Clerk while respondents 3 and 4 were appointed later. However, the case of respondents 3 and 4 is that they were appointed on the very same date on which petitioner was appointed and going by Regulation 15 of the Guruvayur Devaswom Employees Regulations, seniority will depend upon the age of the persons who join on the same date in the same 2 cadre. Counsel for the Administrator of the Devaswom submitted that even though Devaswom committee decided the seniority in favour of the petitioner in OP 27296 of 2002 vide Ext.P8, the same is not correct decision because it is in violation of Regulation 15 which provides for seniority based on age if the contesting parties join the same date in the same post. 2. Regulation 15 of the Regulations is not under challenge. According to this Regulation seniority among persons who join in the same post on the same date will be based on age and elder gets seniority over the person younger to him. In this case, the accepted position is that petitioner in OP 27296 of 2002 is younger to respondents 3 and 4 and therefore the only remaining question is as to the date on which all of them joined as LDC. It is immaterial whether appointment is on regular basis or on temporary basis because in 1989 appointments of respondents 3 and 4 were regularised with effect from the date on which they were provisionally appointed to the post of LDC vide Ext.P10, which has become final. We therefore dispose of all these O.Ps. with direction to the Administrator to verify the actual date on which petitioner and respondents 3 and 4 joined the service as LDC whether on regular or temporary basis, and grant seniority by applying 3 the above principle contained in Regulation 15 of the Regulations. However, if respondents 3 and 4 were not appointed on temporary basis on 6.1.1988 as claimed by them, then obviously petitioner in OP 27296 of 2002 is entitled to seniority. However, if they joined on the very same date that is on 6.1.1988 then they are entitled to seniority, if they are senior in age to the petitioner in OP 27296 of 2002. The Administrator is directed to communicate his decision after verifying the records without any delay. There will also be direction to the Administrator to prepare a draft seniority list, publish the same and finalise the same after hearing objections of all concerned. If any of the parties wants to verify the records pertaining to the date of joining service, the Administrator will permit the same. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 4