IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5505 of 2008(E) ------------------------- PETITIONER: -------------------- PRATHEEP KUMAR K.B. TALUK SUPPLY OFFICER,TALUK SUPPLY OFFICE CIVIL SUPPLIES DEPARTMENT VYTHIRI, WYANAD. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOOD ADD CIVIL SUPPLIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF CIVIL SUPPLIES CORPORATION, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. ADDL.R3 KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, KOCHI. IMPLEADED AS ADDL.R3 VIDE ORDER ON I.A.NO.2444/08 DATED 15.2.2008. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN R2 BY ADV.SMT.MOLLY JACOB-STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C)No.5505 of 2008 ------------------------- Dated this the 15th day of February, 2008. JUDGMENT The petitioner is presently working as Taluk Supply Officer in the Civil Supplies Corporation, Vythiri, Wayanad. He was promoted as Taluk Supply Officer, as per Ext.P3 order dated 7.12.2007. He is aggrieved by Ext.P5 list drawn up by the 2nd respondent Director of Civil Supplies Department, for deputation of Taluk Supply Officers to the Civil Supplies Corporation. 2. Going by Ext.P1 Government order regulating the deputation of persons from the Civil Supplies Department to the Corporation, deputation will be on the basis of the length of service undergone. Clause 12(a) and (c) are relevant and extracted hereunder: “12(a) Deputation will be on the basis of length of deputation service already undergone as well as the date on which an officer returning from deputation service (first person returning from deputation will go back on deputation first). For the above purpose, a deputation list will be prepared and maintained for each category of employees (except Controller of W.P.(C).NO.5505/08 :: 2 :: Rationing, Deputy Controller of Rationing and District Supply Officer). (C) For the purpose of computing deputation service the actual period spent on deputation in all categories will be taken together.” 3. The petitioner contends that he had completed 15 years on deputation in the Civil supplies Corporation. Though he could be deputed, he shall be so deputed only after persons who have lesser service in the Corporation are deputed. Ext.P2 list drawn up by the 2nd respondent is a provisional seniority list of Taluk Supply Officers considered for deputation. The petitioner came to be promoted as Taluk Supply Officer only subsequent to Ext.P2. Therefore, he was not included therein. He, therefore, was not aggrieved by the same. 4. Apparently, some persons, who were aggrieved by Ext.P2, had approached this court and by Ext.P4, their objections were directed to be considered. After considering their objections, fresh orders were passed by the 2nd respondent as per Ext.P5. The petitioner is aggrieved by Ext.P5 inasmuch as that, he is W.P.(C).NO.5505/08 :: 3 :: included therein, the same being the final seniority list of Taluk Supply Officer considered for deputation. 5. As noted above, the petitioner was promoted as Taluk Supply Officer by Ext.P3 dated 7.12.2007. The petitioner's grievance is against the inclusion of his name in Ext.P5. The 2nd respondent has not followed Clause 12 (a) of Ext.P1. A perusal of Ext.P5, according to the learned counsel for the petitioner will show that those persons, who had completed lesser number of years on deputation, are included as juniors to the petitioner for the purpose of deputation. Enforcement of Ext.P5, it is contended, will result in the petitioner being further deputed and persons, who have been deputed for lesser years being retained in the department. This is in contravention of Ext.P1, it is contended. 6. I heard learned counsel for the petitioner and learned Senior Government Pleader and the learned counsel for the Civil Supplies Corporation. 7. In my view, since the petitioner was not included in Ext.P2, but has been included in Ext.P5 for the first time, it is only appropriate that Ext.P5 is treated W.P.(C).NO.5505/08 :: 4 :: as a provisional seniority list insofar as the petitioner is concerned. The petitioner will have a right to raise objection due to the fact that he is included in Ext.P5 for the first time. 8. In the result, the writ petition is disposed of in the following terms: (1) Petitioner may file objections to Ext.P5 within three weeks from today. (2) If such objections are filed, the 2nd respondent shall look into it and take appropriate decision in the matter of including the petitioner in Ext.P5 at the appropriate place, going by Ext.P1 guidelines. The deputation of the petitioner pursuant ot Ext.P5 shall be kept in abeyance till such time orders are passed by the 2nd respondent and his deputation, thereafter will be, subject to the petitioner's placement in the list. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge