IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31799 of 2011(Y) -------------------------- PETITIONER: ----------- ANILKUMAR.C.S,PEON,OFFICE OF THE SPECIAL TAHSILDAR(LR-LAND REVENUE),THRIPUNITHURA, ERNAKULAM DISTRICT. BY ADVS.SMT.P.V.ASHA SMT.A.RAJESWARI SMT.VINEETHA B. RESPONDENTS: ------------ 1. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM-01. 2. THE DISTRICT COLLECTOR,ERNAKULAM, CIVIL STATION,KAKKANAD,PIN-682030. 3. P.P.RAMESAN,ATTENDER,COLLECTORATE, CIVIL STATION,KAKKANAD,PIN-682030. BY SENIOR GOVERNMENT PLEADER, SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST WP(C).No. 31799/2011(Y) APPENDIX PETITIONER'S EXHIBITS : EXT-P1: COPY OF THE ORDER NO.G1-34268/DDE/K.DIS DATED 15/12/2000 OF THE DEPUTY DIRECTOR OF EDUCATION. EXT-P2: COPY OF THE ORDER NO.A2-5429/2001 DATED 19-2-01 OF ADMINISTRATIVE ASSISTANT. EXT-P3: COPY OF THE JUDGMENT DATED 29-10-2007 IN W.A.454/07. EXT-P4: COPY OF REPRESENTATION DATED 30-10-2010 OF PETITIONER. EXT-P5: COPY OF THE PROCEEDINGS NO.E2-53800/09 DATED 25-5-2011 OF 2ND RESPONDENT ALONG WITH RELEVANT PORTION OF THE SENIORITY LIST. EXT-P6: COPY OF REPRESENTATION DATED 17-8-2011 OF PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE DST K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31799 of 2011 --------------------------------------------- Dated this the 29th day of November 2011 JUDGMENT The petitioner, a Peon, was granted an inter departmental transfer to the Revenue Department, after his probation was declared in the Department of General Education. But, he complains that he has been assigned seniority even below all the last grade servants including persons who were probationers in the department as on the date of his joining duty. As per Rule 17(d) of the Kerala Last Grade Service Special Rules, he should have been assigned seniority below the last approved probationer and above all the probationers in the department as on that date. The petitioner relies on Ext.P3 judgment in support of the said contention. In Ext.P3 judgment reported in Sanim Shah v State of Kerala (2007(4) KLT 898), it has been held that a full member/approved probationer/ probationer on interdepartmental transfer should be WPC No.31799/2011 2 ranked below all the full members/approved probationers/probationers, as the case may be. Therefore, the petitioner contends that his names should have been included in the seniority list just below the approved probationers who were available in the Revenue Department at that time. The petitioner has submitted Ext.P6 representation to the second respondent pointing out the above anomaly. However, he complains that no orders have been passed on Ext.P6, till date. 2. I have heard the learned Government Pleader also. 3. In view of Rule 17(d) as well as the decision reported in Sanim Shah v State of Kerala (2007(4) KLT 898), there can be no doubt that the petitioner's contentions merit consideration by the second respondent in the light of the above proceedings. 4. This writ petition is accordingly disposed of directing the second respondent to consider the WPC No.31799/2011 3 grievances of the petitioner set out in his representation evidenced herein by Ext.P6 in accordance with law and in the light of the dictum laid down by this Court in the decision reported in 2007(4) KLT 898 and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.A.TO JUDGE css/