IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP.No. 11754 of 2000(Y) ----------------------------- PETITIONER(S): ------------------- 1. K.VIDYADHARAN, VILLAGE OFFICER (RR) THIRUVANANTHAPURAM TALUK OFFICE, THIRUVANANTHAPURAM. 2. K. LEKSHMANAN NADAR, VILLAGE OFFICER (RR), TALUK OFFICE, THIRUVANANTHAPURAM. 3. M. PRASANNA CHANDRAN NAIR, U.D. CLERK, TALUK OFFICE, THIRUVANANTHAPURAM. 4. K. RAMACHANDRAN ASARI, VILLAGE OFFICER (RR), OFFICE OF THE TAHASILDAR (TT),THIRUVANANTHAPURAM. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV. SRI.P.GOPINATH RESPONDENT(S): --------------------- 1. THE COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. SHRI. JACOB J., HEAD CLERK, OFFICE OF THE ASSISTANT DIRECTOR, RESURVEY(MAPPING) THIRUVANANTHAPURAM. 4. SHRI. T.P. SUBASH, REVENUE INSPECTOR (BLDG. TAX), TALUK OFFICE, THIRUVANANTHAPURAM FORT P.O. 5. SHRI. B. PUSHAPANGADAN, VILLAGE OFFICER, VILLAGE KUDAPPANAKUNNU, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. R1,2 BY GOVT. PLEADER SMT. RANI DIOTHIMA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 11754/2000 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O. UPGRADING THE POST DATED 14/10/1998. P2: COPY OF THE ORDER OF THE COMMISSIONER OF LAND REVENUE DATED 17/11/1999. P3: EXTRACT OF RELEVANT PORTION OF PROCEDINGS NO.LR(E)7-555/2001 DATED 14/12/2001 BY R1. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.11754/2000-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of June, 2011 J U D G M E N T Petitioners 1, 2 and 4 were working as Village Officers in the Revenue Department and the third petitioner was working as Upper Division Clerk in the same Department, at the time of filing of original petition. They were advised by the Public Service Commission. The integration of Village staff and Revenue staff was made as per G.O (MS).No.911/84 dated 10/09/1984. As per the terms of the said Government Order, Village Officers who were working as such on 10/09/1984 were permanently exempted from passing the obligatory test for U.D.Clerk post and the Village Assistants were given an exemption of two years for passing the obligatory test for L.D.Post. This was extended upto 12/07/1991. 2. According to the petitioners, there were number of vacancies of Village Officer/U.D Clerks for the period upto 1984 and they were not properly assessed. It is averred that if the promotion had been O.P.No.11754/2000 -:2:- made after properly assessing the vacancies, the petitioners would have become eligible to the test exemption. They are claiming the benefit of upgradation order on the basis of seniority and, according to them, they were not granted the benefit on the ground that they were not test qualified. Accordingly, the prayer is for a direction to the respondents to promote the petitioners to the higher posts of Head Clerk/Revenue Inspector and Deputy Tahsildar after properly assessing the vacancies that arose during the exemption period and considering them to have been duly promoted to the true vacancies as on the date of occurrence of those vacancies. 3. The first respondent has filed a counter affidavit. It is pointed out therein that the petitioners became test qualified only after 12/07/1991 and the details have been shown in para (2) of the counter affidavit. It is also pointed out that the Government Order dated 10/09/1984 has been statutorily validated as per amendment to the Special Rules issued vide G.O.(P).No..567/89/RD, dated 12/07/1989. It is pointed out that the Village staff were allowed time upto 12/07/1991 for acquiring the test qualification as per G.O.(MS).No.360/29/RD., dated 04/09/1992 and the O.P.No.11754/2000 -:3:- seniority lists were prepared by taking into account the exemption period granted to the Village staff as per the above order. The petitioners have passed the obligatory tests only after 12/07/1991. Reference is made to various Judgments of this Court and finally, in para (9) it is averred that a Division Bench of this Court in O.P.No.22276/1998 and connected cases has directed to prepare a fresh integrated seniority list of Upper Division Clerk/Village Officer in one hand and Lower Division Clerk/Village Assistants on other hand solely with reference to the persons who were actually holding the respective offices as on 10/09/1984 and subject to relevant rules, orders and directions. It is averred that a fresh provisional seniority list of Upper Division Clerk/Village Officer as on 10/09/1984 was published on 10/11/1999 and a final seniority list was published on 12/12/2000. It is pointed out that as on 10/09/1984, the petitioners were actually holding the post of Village Assistants and, therefore, they were not included in the list as on 10/09/1984. 4. Evidently, therefore, the turn of the petitioners will come only based on the test qualification they have acquired, which is actually after 12/07/1991. Therefore, the petitioners cannot O.P.No.11754/2000 -:4:- seek for a direction as sought for in the original petition and the O.P is, therefore, dismissed. If there are any individual grievances to the petitioners other than those raised in this O.P, the dismissal of the O.P will not stand in the way of raising the same. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms