IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 1407 of 2007(P) -------------------------------------- PETITIONER(S): ------------------------- 1. JAYAMOHAN R., VILLAGE MAN, VILLAGE OFFICE, PERINAD, KOLLAM, (AGED 39, S/O.RAMACHANDRA PILLAI, THADAVILAVEEDU, ELAVOOR, PALLIMON P.O., KOLLAM). 2. S.S. MOHAN SANKAR, VILLAGE MAN, VILLAGE OFFICE, THRIKKADAVOOR, KOLLAM (AGED 35, S/O. SIVASANKARA PILLAI, SREE RANGAM, KUREEPUZHA P.O., PERINAD, KOLLAM). 3. B. RADHAKRISHNAN, VILLAGE MAN, TAHSILDAR (R.R) OFFICE, KOLLAM (AGED 35, S/O. BHASKARAN P.K.,PATTATHILTHEKKETHIL HOUSE, KUTTEMPEROOR P.O., MANNAR, ALAPPUZHA. 4. P.D. PARESH, VILLAGE MAN, VILLAGE OFFICE, MANGAD, KOLLAM (AGED 38, S/O. K.DAMODARAN, PUTHUVAL NIKARTHIL, VAYALAR P.O., CHERTHALA, ALAPPUZHA. BY ADVOCATES MR.K.S.MADHUSOODANAN, MR.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): ------------------------ 1. STATE OF KERALA TO BE REP.BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, ALONG WITH WPC NO. 4945 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1407/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SENIORITY LIST OF VILLAGE MAN IN KOLLAM DISTRICT DT. 27.12.05. P2:- COPY OF THE ORDER OF THE IST RESPONDENT BEARING NO.GO(MS) 876/72/RD DT. 4.9.72. P3:- COPY OF THE ORDER OF THE IST RESPONDENT BEARING NO.GO(P) 75/76/PD DT. 11.3.76. P4:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING NO.E2-37784/01 DT. 1.8.03. P5:- COPY OF THE ORDER OF THE IST RESPONDENT BEARING NO.GO(MS) 343/06/RD DT. 6.12.06. P6:- COPY OF THE JUDGMENT IN WPC. NO.9590/04 DT. 19.12.06. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 1407 & 4945 of 2007 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2009. JUDGMENT The petitioners in Writ Petition No.1407 have approached this court seeking to quash Exts.P1 to P5 and for a direction to promote them against 15% quota exclusively retained under Explanatory Note (8) in accordance with Ext.P1 seniority list and for other consequential benefits. Similar is the prayer in Writ Petition No.4945/2007 also. 2. It is pointed out by the learned counsel for the petitioners that the entire issue relating to the same have been considered by a Division Bench of this court in Writ Appeal Nos.640/2008 & 708/2008. Therein, after considering Rule 3 of the Special Rules for the Kerala Revenue Ministerial Subordinate Service as amended by notification dated 31.12.2007, it was held as follows: “After the amendment to the Special Rules introduced by the Government order dated 31.12.2007, Villagemen and Last Grade Servants/Attenders are entitled only to 25% of the total posts of Village Assistants as on 9.9.1984 and 25% of 35% of the total posts of Lower Division Clerks/Village Assistant upto 5.12.2006. From 6.12.2006 onwards, 15% of the total posts of Lower Division Wpc 1407 & 4945/07 2 Clerks/Village Assistants have to be filled up from among qualified Villagemen and Last Grade Servants/Attenders in the ratio of 3 : 2. It is also stipulated that in the absence of qualified Villagemen and Last Grade Servants/Attenders, the posts shall be filled up by direct recruitment. We notice that the prescription in the Special Rules for the Kerala Revenue Ministerial Subordinate Service as amended by G.O.(P) No.5678/89/RD dated 12.7.1989 and G.O.(P) NO.456/07/RD dated 31.12.2007, has not been challenged by the respondents. In our opinion, as the respondents have not challenged the validity of the Special Rules, they are entitled only to the quota reserved for them in the Special Rules, as amended from time to time.” Finally, it was also stated in para 10 that Villagemen in the Village establishment which was integrated with the Revenue establishment with effect from 10.9.1984, can claim promotion to the category of Lower Division Clerk/Village Assistant including Special Village Assistant only in terms of the prescription in Note 2 to Category No.4 in Rule 3 of the Special Rules for the Kerala Revenue Ministerial Subordinate Service. Further directions have also been issued by the Division Bench. The principles stated by the Division Bench in the above cases will Wpc 1407 & 4945/07 3 govern these cases also. The writ petitions are disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) kav/