IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 18246 of 2000(V) ----------------------- PETITIONER: ------------------- V.K.PADMANABHAN, RETIRED TAHSILDAR, MAROLY HOUSE, NEAR S.S.PARK, KANNUR. BY ADV. SRI.M.RAMESH CHANDER SRI.M.VIJAYAKUMAR RESPONDENTS: --------------------- 1) STATE OF KERALA, REP: BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2) THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3) THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.N.SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS:- P1: COPY OF ORDER NO.GE XI/ADDL/RETROS/370 DTD.11.10.1993. P2: COPY OF REPRESENTATION BEFORE THE FIRST RESPONDENT DTD.17.5.1995. P3: COPY OF THE REMINDER DTD.24.101997. P4: COPY OF THE ORDER G.O.(Rt.) NO.1638/2000/RD DT.4.4.2000. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= OP. No.18246 of 2000-V. ========================= Dated this the 15th day of February, 2008. J U D G M E N T The petitioner retired from service as Tahsildar on 31.12.1984. The substantial grievance raised in the original petition is that the petitioner's rank and seniority have not been correctly fixed. 2. The petitioner entered service on 3.5.1955 in the Madras Ministerial Service as Lower Division Clerk. He passed the Account Test in 2/1961, Revenue Test in 9/1961, Criminal Judicial Test in 4/1962 and Higher Survey Test in 11/1977. He was promoted as Upper Division Clerk on 3/1966, Deputy Tahsildar on 9/1973 and Tahsildar on 11/1979. He had been assigned rank and seniority in the cadre of Upper Division Clerk, Deputy Tahsildar and Tahsildar with effect from 1.4.1964, 12.5.1973 and 17.10.1981 respectively. According to the petitioner, he was fully qualified to be promoted as Upper Division Clerk in 1958. He has pointed out OP. No.18246 of 2000-V. -: 2 :- the case of one Sri.M.D.Dhananjayan who is junior to him and was given promotion as Upper Division Clerk with effect from 1.11.1958. Therefore at least from that date onwards he should have been promoted which is the claim of petitioner. Ext.P2 is the representation submitted by the petitioner before the first respondent and Ext.P3 is the further representation submitted before the very same respondent. Earlier he had approached this Court by filing OP.No.28305/1999 wherein this Court directed the Government to consider the matter and pass appropriate orders. Pursuant to the above Ext.P4 has been passed. 3. In his representation he has raised mainly the following points: Prior to 1959 the graduates are given preference for promotion to the post of U.D.Clerks in the ratio of 3:1 and since he was a graduate and had entered service on 3.1.1955 he should have been considered for promotion accordingly. Again he was stated in Ext.P3 that his juniors were given promotion earlier than him. It is also pointed out that seniors and juniors who have passed OP. No.18246 of 2000-V. -: 3 :- departmental tests later than him were given promotion earlier than him overlooking his claims. By Ext.P4 the Government has rejected his representation stating that as he had passed the required departmental tests for promotion to the cadre of U.D. Clerk only on 12.9.1961 he cannot claim seniority in the U.D. cadre with effect from 1.11.1958 or before 12.9.1961. 4. Ext.4 does not answer the contentions of the petitioner that his junior Sri.M.D.Dhananjayan was promoted on 1.11.1958 and therefore he had a claim at least from that date. The contention that the petitioner being a graduate was entitled for promotion based on the ratio 3:1 has not been considered in Ext.P4. The petitioner has also relied upon the decision of a Division Bench of this Court in Gopinathan v. State of Kerala (1984 KLT 726). No counter affidavit has been filed by respondents. 5. As there is no consideration of the above aspects in Ext.P4, I quash Ext.P4. There will be a direction to the first respondent to consider the matter afresh and pass appropriate OP. No.18246 of 2000-V. -: 4 :- orders within a period of four months from the date of receipt of a copy of this judgment. After consideration of the matter on merits and in the light of the observations above made, the petitioner will be communicated the order thus passed by the Government. If the petitioner wishes to file any fresh representation he will free to do so and he may file the same within one month from the date of receipt of a copy of this judgment before the first respondent. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-