IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 OP.No. 27086 of 2002(Y) ----------------------- PETITIONERS: --------------- 1. C.JAMES, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DIVISION. 2. A.NAJUMUDEEN, EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE, KARUNAGAPPALLY, KOLLAM DIVISION. 3. R.PRATHAPA CHANDRAN, EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE, KOTTARAKKARA, KOLLAM DIVISION. BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN RESPONDENTS: ----------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE JOINT EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. M.ANZARI BEEGU, ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTANAD, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMARAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - O.P. No. 27086 OF 2002 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT The petitioners in this original petition are Excise Preventive Officers. They entered service as Excise Guards and were promoted later to the category of Excise Preventive Officers. The main relief sought in this original petition is to direct respondents 1 to 3 to review the promotions effected to the category of Excise Preventive Officers and to give retrospective promotions to the petitioners after ascertaining the vacancies available to be filled up by promotion prior to 31.12.1997, the date on which the ranked list published by the Public Service Commission was brought into force. The petitioners are claiming seniority over direct recruites who were advised and appointed from that list. By the end of 2008, all the petitioners had retired from service. The prayer of the petitioners, if granted, will adversely affect a larger number of persons who have been appointed as Excise Preventive Officers from 31.12.1997 onwards. The petitioners were promoted to the post of Excise Preventive Officer O.P. No. 27086 OF 2002 -:2:- in the year 1997. This original petition was filed only 5 years thereafter claiming retrospective promotion contending that vacancies earmarked for direct recruitment have been filled in excess of quota. Due to passage of time and the fact that the petitioners have retired from service, the relief sought by them cannot be granted at this stage. The Original Petition is accordingly closed as infructuous. P.N. RAVINDRAN, JUDGE. ttb O.P. No. 27086 OF 2002 -:3:-