IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 16254 of 2005(I) -------------------------- PETITIONER(S): --------------- *1. C.CHANDRAN, DRIVER GRADE-I, COMMISSIONERATE OF RURAL DEVELOPMENT, LMS COMPOUND, TRIVANDRUM, RESIDING AT THAMBACOLUMBU HOUSE, PUDUNAGARAM P.O., PALAKKAD. (* THE ADDRESS OF THE 1ST PETITIONER IS CORRECTED AS BELOW AS PER ORDER DATED 7.7.2005 IN I.A. 7732/2005) 1. C.CHANDRAN, DRIVER GRADE-I OFFICE OF THE ASSISTANT DEVELOPMENT COMMISSIONER PALAKKAD, RESIDING AT THAMBACOLUMBU HOUSE PUTHUNAGARAM P.O, PALAKKAD 2. P.K. DASAPPAN, DRIVER GRADE-I,OFFICE OF THE ASSISTANT DEVELOPMENT COMMISSIONER, KOTTAYAM,RESIDING AT VEDUVELIL VEEDU AYYARKUNAMA P.O., KOTTAYAM. 3. A.H. NASARUDHEEN, DRIVER GRADE-1, DEVELOPMENT TRAINING CENTRE, KOTTARAKARA, KOLLAM DISTRICT, RESIDING AT QUARTERS NO.22, E.T.C. P.O. KOLLAM. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.P.A.MOHAMMED ASHROF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): --------------- 1. THE COMMISSIONER FOR RURAL DEVELOPMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE SENIOR ADMINISTRATIVE OFFICER, COMMISSIONERATE OF RURAL DEVELOPMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 16254 of 2005 Appendix Ext.P1: true copy of the order No. 15128/I(3)/88/CRD dated 18.07.1988. Ext.P2: true copy of the order ESTT.C1/25406/2001/CRD dated 13.11.2001. Ext.P3: True copy of the order No.D3-121/02 dated 17.07.2002 Ext.P4: true copy of the order No.Estt.C1/3584/2001/CRD dated 12.07.2001 Ext.P5: True copy of the order No. Estt.C1/8950(ii)/02/CRD dated 15.06.2004. Ext.P6: true copy of the representation of the 2nd petitioner. Ext.P6(a): True copy of the representation of the 3rd petitioner. Ext.P6(b): True copy of the representation dated 06.08.2004. Ext.P7: true copy of the letter dated 17.02.1999 sent by Commissioner , Rural Department to Secretary to Government. //true copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No. 16254 of 2005 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Petitioners are the drivers directly appointed in the Rural Development Department much before option was finalised from the Revenue Department on 30.7.1994. As per Ext.P4 the promotion was granted based on the final seniority list of drivers as on 25.1.1999 According to the petitioners the said final seniority list has become conclusive as per proceedings No.Estt C2/26548/2000 CRD dated 15.12.2000. It is the petitioners' case that they were directly appointed in the establishment of the Rural Development Department prior to inviting option from the Revenue Department, they were promoted to the cadre of Grade -I with effect from their respective date of joining the Department as per Ext.P4 order . According to them Ext.P4 order is sustainable in law and facts. 2. In the circumstances the petitioners contended that the revision of the seniority list as well as revoking Ext.P4 order, vide Ext.P5 order resulting in reversion of the petitioners is illegal. According to them Ext.P5 order violates the principles of natural justice and they were not given any opportunity of being heard before reverting them. The petitioners also submitted that the 1st respondent issued Ext.P5 order in which the date of effect of notional promotion was varied as 1.5.2001 in W.P.(C) No. 16254 of 2005 -2- the case of 1st and 2nd petitioners and 1.12.2001 in the case of the 3rd petitioner. Petitioners are ranked serial numbers 75, 76 and 80 respectively in the said order. It is not disputed that Ext.P5 order was passed without hearing the petitioners,. So this Court is of the view that the petitioners' grievance requires consideration by the 1st respondent. Aggrieved by Ext.P5 order the petitioners submitted representations. Ext.P6 , P6(a) and P6(b) are the representations submitted before the 1st respondent 3. According to the petitioners the Government had fixed the ratio between the posts of Drivers Grade-I and Grade-II as 1:2 with effect from 16.09.1985 as per G.O.(P) No. 515/85Fin dated 16.09.1985 that they were appointed directly in the department and joined with effect from 1.8.1988 , 23.7.1988 and 1.7.1989 respectively, that they were granted time bound higher grade promotion as per Ext.P2 and P3 orders, that the option for the Revenue Department personnels working in Rural Development Department was finalised only on 30.7.1994 and therefore they became Grade I drivers from their date of appointment itself,in the light of 1985 pay revision 4. The grievance of the petitioners is that the optees from Revenue Department were allowed to come over to the Rural Development Department with effect from 30.7.1994 and therefore until 30.07.1994 the W.P.(C) No. 16254 of 2005 -3- drivers of the Revenue Department have no claim /right in the Rural Development Department since they belong to the Revenue Department and enjoying all the service benefits existed in the Revenue Department. The petitioners also prayed that the ratio fixed by the 1985 Pay Revision as 1:2 between the Posts of Drivers Grade-I and Grade-II may be available to them 5. In the circumstances there will be a direction to the 1st respondent to consider and pass appropriate orders on the representations submitted by them after affording them an opportunity of being heard The order shall be passed within a period of 4 months from the date of receipt of a copy of this judgment Before passing the order, the 1st respondent shall issue notice to all the affected parties and shall be given an opportunity of being heard to them also. This writ petition is disposed of (HARUN-UL-RASHID, JUDGE) es. W.P.(C) No. 16254 of 2005 -4- HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 16254 of 2005 ---------------------------- JUDGMENT 2nd April , 2009