IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WA.No. 1373 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23802/2010 Dated 02/08/2010 .................... APPELLANT(S): PETITIONER --------------------- M.REMADEVI, AGED 48, COMMERCIAL TAX INSPECTOR, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (I.B.), COMMERCIAL TAXES, NINAN COMPLEX, PALAKKAD-678 001. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): RESPONDENTS ---------------------- 1. THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM- 695 001. 3. THE JOINT COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. 4. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, PALAKKAD- 678001. 5. SHRI M.K.VENU, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAXEX DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 6. SMT.A.LALITHA, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, THRISSUR- 680 001. WA.No.1373 of 2010 : 2 : 7. SMT.P.T.GEETHA, COMMERCIAL TAX INSPECTOR COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, PATHANAMTHITTA-689 645. 8. SMT.M.USHAKUMARI, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, KOZHIKODE- 673 001. 9. SHRI S.SUNILKUMAR, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 10. SMT.M.K.SREELATHA, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIALTAXES, ERNAKULAM-682 030. 11. SMT.C.M.SUMATHI,UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIALTAXES, THRISSUR-680 001. 12. SHRI P.S.SURESH BABU, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ALAPPUZHA-688 001. 13. SMT.C.S.ASHA, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 14. SHRI C.SIVADASAN, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, KOZHIKODE- 673 001. 15. SHRI K.J.JOY, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM- 682 030. 16. SHRI T.U.CHACKO, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 17. SHRI P.SURENDRAN, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM- 682 030. W.A.No.1373 of 2010 : 3 : 18. SHRI P.E.SAJI, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 19. SMT.K.SUJATHA, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, KOLLAM-691 001. 20. SHRI D.RAVI, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, KOZHIKODE-673 001. 21. SHRI P.A.PRADEEPKUMAR, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 22. SHRI V.ANIL, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. 23. SMT.M.P.RADHA, UPPER DIVISION CLERK, COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM-682 030. BY SR. GOVT. PLEADER SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. ------------------------------- W.A.No.1373 of 2010 ------------------------------- Dated this the 12th day of August, 2010 J U D G M E N T Ravindran, J. The appellant is the unsuccessful petitioner in W.P.(C) No.23802 of 2010. The writ petition was filed challenging Ext.P5 final seniority list of Upper Division Clerks in the Commercial Taxes Department. The learned Single Judge held that the petitioner has an effective alternate remedy under Rule 27(B) of Part II of the K.S. & S.S.R. Accordingly, the writ petition was dismissed. 2. The appellant entered service as L.D.Typist. In course of time, she was promoted as U.D.Typist by Ext.P3 order dated 6.3.2008. Still later, by Ext.P6 order dated 9.4.2010, she was temporarily promoted as Commercial Taxes Inspector. At that point of time, the final seniority list of UD Typists/UD Clerks in the Commercial Taxes Department had not been prepared, but a provisional seniority list evidenced by Ext.P4 was in force. W.A.No.1373/2010 2 It was based on the seniority in that list that the petitioner was temporarily promoted. 3. In Ext.P4 provisional seniority list, the petitioner was ranked as Sl.No.86. It appears some of her colleagues in the same department objected to the rank and seniority assigned to her. When the seniority list was finalised by Ext.P5, the aforesaid objections were accepted and the petitioner was ranked as Sl.No.200. The instant writ petition was thereupon filed. 4. When the writ appeal came up for hearing today in the forenoon session, the learned Government Pleader was directed to get instructions as to whether pursuant to the publication of the final seniority list, an order of reversion has been issued. When the writ appeal was taken up in the post lunch session, the learned Government Pleader made available to us a copy of the order dated 5.8.2006 issued by the Joint Commissioner of Commercial Taxes, Trivandrum, by which the W.A.No.1373/2010 3 appellant was reverted to the category of U.D. Clerk with immediate effect and was allotted to Deputy Commissioner, Palakkad for suitable posting. 5. It is evident from the pleadings and the materials on record that the appellant is aggrieved by the rank and seniority assigned to her in Ext.P5 seniority list, as a result of which she is now faced with an order of reversion. As rightly held by the learned single Judge, Rule 27(B) of Part II of K.S. & S.S.R entitles the petitioner to move the Government seeking redressal of that grievance and the Government are also empowered under the said rules to look into the said grievance and to set right to the injustice, if any, caused to the appellant. The period of limitation prescribed is within 6 months from the date of publication of the final seniority list. In the instant case, the final seniority list was published recently only on 20.7.2010. The period of limitation is not yet over. Further, the rank and seniority which the appellant is entitled to be given, can be W.A.No.1373/2010 4 decided only after considering the objections raised by various parties. It is evident from the order dated 5.8.2010 that the Joint Commissioner of Commercial Taxes has ordered reversion of the petitioner to the category of U.D.Clerk. At that point of time, the petitioner was working provisionally as Commercial Tax Inspector. By the order dated 5.8.2010, a substitute has not been appointed in her place. In such circumstances, we are of the considered opinion that status quo as on today should be maintained for a period of two months from today, in order to enable the appellant to move the Government seeking redressal of her grievance. We accordingly dispose of the writ appeal with the following directions. The appellant shall, within a period of two weeks from today, file an appropriate representation before the State Government in terms of Rule 27(B) of Part II of K.S. & S.S.R. The Government shall on receipt of the said representation issue notice to the persons who will be affected by the outcome of the W.A.No.1373/2010 5 representation, furnish them with copies of the representation, hear the appellant as well as the said persons and take an appropriate decision, as expeditiously as possible, and at any rate, within period of six weeks from the date of receipt of the representation. Until such time, the status quo as on today in so far as it relates to the appellant shall be maintained. The contentions raised by the appellant on the merits are kept open. J.CHELAMESWAR, Chief Justice P.N.RAVINDRAN, Judge. nj.