IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 OP.No. 20129 of 1999(U) ----------------------- PETITIONER(S): --------------- V.G. MURALEEDHAR, EXCISE GUARD, EXCISE RANGE OFFICE, NEDUMANGAD. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE ASST. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIORERATE OF EXCISE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 20129/1999 ---------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 29-6-1995. EXT.P2 ORDER DT. 30-11-1997. EXT.P3 ORDER DT. 11-9-1998. EXT.P4 ORDER DT. 22-5-1999. EXT.P5 ORDER DT. 31-5-1999. EXT.P6 REPRESENTATION DT. 12-7-1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 20129 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th January, 2010. J U D G M E N T The petitioner filed this original petition at a time when he was an Excise Guard in the Excise Department of the Government of Kerala, seeking promotion as Excise Preventive Officer in the quota prescribed for promotion. According to the petitioner, the petitioner was the next person in the seniority list of Excise Guards for promotion to the post of Excise Preventive Officer despite which the respondents are making direct recruitment to the vacancy available far in excess of the ratio prescribed under the Special Rules. It is under the above circumstances, the petitioner has filed this original petition seeking the following reliefs: “a) Issue a writ in the nature of mandamus or any such other writ, order or direction commanding the respondent to promote the petitioner to the post of Excise Preventive Officer forthwith; b) call for the records leading to Ext. P4 and P5 and quash the same by issue of a writ in the nature of certiorari or any other such appropriate writ, order or direction to the extent it directs the appointment of Direct Recruits to the post of Excise Preventive officer in excess of 1/4th of the cadre strength; c) declare that the filling up of posts of Preventive Officers by direct recruitment in excess of the 1/4th of the cadre strength is illegal; d) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to fill up 3/4th of the posts of Excise Preventive Officers by promotion from among qualified Excise Guards; e) issue an interim direction commanding the respondents to provisionally promote the petitioner to the post of Excise Preventive officer pending disposal of the O.P.” 2. The learned Government Pleader points out that this Court had on 17-8-1999 passed an interim direction to promote the petitioner provisionally, which order was vacated by a later order O.P. No. 20129/1999 -: 2 :- dated 1-11-1999. According to the learned Government Pleader, another person by name Mr. Cletus had challenged the seniority position, which was upheld in O.P.No. 24181/1999. Later on, the petitioner was promoted by order dated 9-12-1999. The petitioner submits that the petitioner now seeks only the reliefs given by the Division Bench in the decision in State of Kerala v. Krishnakumar, 2009(3) KLT 274, in respect of assignment of seniority. In that judgment, while disposing of the writ appeals, the Division Bench held that representations, if any, filed against the seniority list of Excise Preventive Officers shall be dealt with by the competent authority treating G.O (MS) No. 22/08/TD dated 13-2-2008 as valid. In the above circumstances, any representation filed by the petitioner regarding seniority shall be dealt with accordingly. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ O.P. No. 20129/1999 -: 3 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 20129 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T 4th January, 2010.