IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 14TH FEBRUARY 2007 / 25TH MAGHA 1928 WP(C).No. 6826 of 2006(K) ------------------------------------- PETITIONER: ------------------- K.JAMEELA, EXTENSION OFFICER, WOMENS WELFARE, BLOCK DEVELOPMENT OFFICE, CHELANNOOR BLOCK, KOZHIKODE DISTRICT. BY ADV. SRI.M.V.BOSE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT,L.M.S. COMPOUND, THIRUVANANTHAPURAM. 3. SMT.C.KUNHIMARIYAM, EXTENSION OFFICER, (HOUSING), KANJANGAD BLOCK,KASARAGOD. BY GOVERNMENT PLEADER SMT. K.R. DEEPA, ADV.SRI.BABU KARUKAPADATH, ADV.SRI.K.A.NOUSHAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6826/2006: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RELEVANT EXTRACT FROM RANK LIST DTD. 20/07/1977 ISSUED BY THE PUBLIC SERVICE COMMISSION. EXT.P.2: COPY OF THE NOTIFICATION NO. G.O. (P) 88/77/85, DT 30TH JUNE 1977. EXT.P.3: COPY OF THE RELEVANT EXTRACT OF ENTRIES NOTIFIED UNDER PART ID INDICATING THE RESPECTIVE POSITION OF THE CANDIDATES ON COMMUNAL ROTATION BY PUBLIC SERVICE COMMISSION. EXT.P.4: COPY OF THE CERTIFICATE SHOWING SUCCESSFUL COMPLETION OF TRAINING, ISSUED TO PETITIONER FROM COMMISSIONER FOR RURAL DEVELOPMENT. EXT.P.5: COPY OF THE G.O. (RT).416/78/DD. DTD. 27/02/1978. EXT.P.6: COPY OF THE RELEVANT EXTRACT OF THE PROVISIONAL SENIORITY LIST PUBLISHED AS PER ORDER DTD. 26/09/1985 OF LADY VILLAGE EXTENSION OFICERS OF THE COMMUNITY DEVELOPMENT DEPARTMENT AS ON 01/08/1981. EXT.P.7: COPY OF THE JUDGMENT IN W.A. 858/95 DTD. 31/08/2000. EXT.P.8: COPY OF THE ORDER DTD. 28/11/1995 OF THE R.2. EXT.P.9: COPY OF THE ORDER DTD. 05/01/1996 OF THE SENIOR ADMINISTATIVE OFFICE, COMMISSIONERATE OF RURAL DEVELOPMENT. EXT.P.10: EXTRACT OF THE ORDER DTD. 28/11/2001 OF THE R.2. EXT.P.11: COPY OF THE OBJECTION PREFERED BY THE PETITIONER BEFORE THE R.2. DTD. 22/12/2001. EXT.P.12: COPY OF THE JUDGMENT IN W.P.(C). NO. 20513/2005 (P) DTD. 21/07/2005. EXT.P.13: COPY OF THE ORDER DD. 21/10/2005 G.O. (RT) NO. 4223/2005/LSGD. EXT.P.14: COPY OF THE LIST OF ELIGIBLE OFFICERS AS PER COMMISSIONERATE OF RURAL DEVELOPMENT , THIRUVANANTHAPURAM DTD. 08/01/2006. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.6826 of 2006 ---------------------------------------------- Dated 14th February, 2007. J U D G M E N T The crucial issue arising for consideration in this writ petition is whether the petitioner is entitled to get seniority as claimed by her. I do not think that the issue need be gone into in detail, since in various rounds of litigation, the legal position has been settled. The settled position, in view of Ext.P7 judgment in W.A.858/95, is that in the case of persons appointed in the Rural Development Department as lady Village Extension Officers after the amendment to Rule 8 of Kerala State and Subordinate Service Rules, their seniority will be governed by the amended rule. It is not clear from the pleadings in the writ petition as to whether the petitioner is appointed prior to the amendment or after the amendment. If it is prior to the amendment, the petitioner will be governed by the unamended rule and if it is after the amendment, she will be governed by the amended rule. If there is any mistake in applying the principle as above, it will be open to the petitioner to point out the same before the Government. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C)No. of 2002 ---------------------------------------------- J U D G M E N T Dated 14th February, 2007.