IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 12168 of 2007(W) ---------------------------------------- PETITIONER(S): ------------------------ K.KASILINGAM, AGED 46 YEARS, S/O.KALIAPPAN, ASIPF, RAILWAY PROTECTION FORCE, ERODE, PALAKKAD DIVISION, SOUTHERN RAILWAY. BY SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): -------------------------- CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, CHENNAI. BY ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS SRI.P.A.AZIZ, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12168/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN O.P.NO.12361/2002 BEFORE THE HON'BLE HIGH COURT OF KERALA. P2 COPY OF THE JUDGMENT IN WRIT APPEAL NO.346/2006 BEFORE THE HON'BLE HIGH COURT OF KERALA. P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT. P4 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.32075/2006. P5 COPY OF THE ORDER ISSUED BY THE RESPONDENT ALONG WITH ITS COVERING LETTER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.12168 OF 2007 --------------------------------------- Dated this the 11th day of April, 2011 JUDGMENT The petitioner is presently working as Assistant Sub Inspector of Railway Protection Force. The post of Assistant Sub Inspector is to be filled up from the post of Head Constable by seniority and limited departmental competition in the ratio of 60:40. Pursuant thereto, eligible candidates were considered for promotion under both categories. A select list was prepared under the limited departmental competition quota in which the petitioner was also included. Thereafter, that list was cancelled. At the same time, the appointment by promotion in accordance with seniority under the 60% category was effected. The petitioner approached this Court by filing O.P.No.12361/2002 against the cancellation of the select list. By Ext.P1 judgment this Court cancelled the cancellation of the select list prepared and directed appointment from the list already published pursuant to the earlier selection proceedings. That judgment was W.P.(C)No.12168/07 2 confirmed in W.A.No.346/2006 by Ext.P2 judgment. Consequently, the selected candidates were appointed as Assistant Sub Inspector of Railway Protection Force on 6.5.2006. But, in the meanwhile other persons were also appointed in between. The petitioner sought seniority with effect from 15.11.2001 which is the date of cancellation of the select list. His claim was rejected by Ext.P5 order. The petitioner, therefore, seeks the following reliefs: “a) Issue a writ of certiorari setting aside Ext.P5 order passed by the respondent. b) Issue a writ of mandamus such other writ order or direction compelling the respondent to fix the seniority of the petitioner in the cadre of ASIPF with effect from 15/11/2001 and to grant all the benefits to him” 2. According to the petitioner, once this Court set aside the cancellation of the select list and directed appointment from the select list, although the petitioner was appointed only on 6.5.2006, he must be deemed to have been appointed in the selection conducted in 2001 along with 60% candidates appointed by promotion on the basis of seniority. His claim for seniority over others, who have been appointed in between, is just and reasonable in the facts of the case, is W.P.(C)No.12168/07 3 his contention. 3. A counter affidavit has been filed by the respondent taking the contention that since others who have been appointed in between the original select list and the appointment of the petitioner and others in 2006 in accordance with the Rules, the petitioner cannot claim seniority over those who have been subsequently appointed prior to Exts.P1 and P2 judgments. 4. I have considered the rival contentions in detail. If I countenance the contention of the respondent, that would amount to permitting the respondent to take advantage their own mistake. Once this Court set aside the cancellation of the select list, the select list is revived and appointments made pursuant thereto would become appointments made pursuant to the select list which was earlier cancelled. Consequently, the petitioner would be entitled to seniority as if the petitioner was appointed pursuant to the select list. The petitioner claims such seniority with effect from 15.11.2001, which is the date when the select list was cancelled. I am satisfied that the petitioner is entitled to the said relief. Accordingly, Ext.P5 W.P.(C)No.12168/07 4 order is set aside. The respondent is directed to fix the seniority of the petitioner in the cadre of Assistant Sub Inspector (Railway Protection Force) as if the petitioner was appointed to the post with effect from 15.11.2001. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.12168/07 5