IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33195 of 2008(B) -------------------------- PETITIONER(S): --------------- G.CHANDRASEKHARAN PILLAI, ASSISTANT DIRECTOR, DIRECTORATE OF HANDLOOM VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ------------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY TO PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR DIRECTORATE ECONOMIC AND STATISTICS VIKAS BHAVAN, TRIVANDRUM. 3. K.P.VIJAYAN, ASSISTANT DIRECTOR DIRECTORATE OF ECONOMICS AND STATISTICS THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.33195 of 2008 ====================================== Dated this the 11th day of November 2008 JUDGMENT The petitioner is presently working as Assistant Director in the Economics and Statistics Department. He entered service as L.D.Investigator on 7.11.1977. The third respondent entered service on 5.1.1978. The petitioner and the third respondent were promoted to the category of U.D.Compiler/Investigator as per Ext.P1 order dated 12.12.1985. In Ext.P1, the petitioner is placed above the third respondent. Thereafter, the petitioner and the third respondent were provisionally promoted to the category of Research Assistant/Statistical Officer/Extension Officer (P&M) as per Ext.P2 order dated 13.3.2001. Therein also the petitioner was placed above the third respondent. Still later by Ext.P3 order dated 6.11.2003, the petitioner and the third respondent were promoted to the category of Research Officer and therein also the petitioner was placed above the third respondent. They were thereafter promoted to the category of Assistant Director by Ext.P11 order dated 20.10.2008 and therein also the petitioner was placed above the third respondent. 2. The final seniority list of L.D.Compilers/Investigators/Punch W.P.(C) No.33195 of 2008 2 Card Operators as on 1.11.1992 was issued as per Ext.P4 proceedings dated 1.12.1993 issued by the Director of Economics and Statistics. In Ext.P4, the petitioner was ranked as Sl.No.572 and the third respondent was ranked as Sl.No.632. The petitioner's grievance is that though he is senior to the third respondent in the entry post and in the promoted posts and though the State Government had in Exts.P9 and P10 letters directed the Director of Economics and Statistics not to upset or disturb the existing seniority list, Ext.P8 revised seniority list of L.D.Compiler/Investigator/Punch Card Operator was issued on 18.9.2008 wherein the third respondent was assigned seniority over the petitioner. He submits that aggrieved by Ext.P8, he has submitted Ext.P12 representation before the Secretary to Government, Planning and Economic Affairs Department wherein he has prayed for restoration of his rank and seniority. In this Writ Petition, the petitioner challenges Ext.P8 seniority list and prays for consequential reliefs. 3. When the Writ Petition came up for hearing today, Sri.M.P.Ashok Kumar, the learned counsel appearing for the petitioner submitted that without expressing any opinion on the merits of the petitioner's claims and contentions, this Writ Petition may be disposed of with a direction to the first respondent to consider and pass orders on Ext.P12 representation within a time limit to be fixed by this Court and to stay the petitioner's reversion W.P.(C) No.33195 of 2008 3 till orders are passed on Ext.P12. 4. I have considered the submissions made at the Bar by the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the official respondents. Ext.P4 final seniority list discloses that the petitioner entered service on 7.11.1977 while the third respondent entered service on 5.1.1978. The petitioner was all along treated as senior when further promotions were effected to the categories of U.D.Compiler, Research Assistant, Research Officer and Assistant Director. Ext.P8, the revised seniority list wherein the third respondent is ranked above the petitioner, also discloses that he entered service only on 5.1.1978 while the petitioner entered service on 7.11.1977. Ext.P4 final seniority list wherein the petitioner was ranked above the third respondent, was published on 1.12.1993, nearly 15 years back. That seniority position has now been upset by Ext.P8 proceedings issued on 18.9.2008. Even going by the service particulars given in Ext.P8, it can be seen that the petitioner entered service earlier than the third respondent. Exts.P9 and P10 disclose that the Government had directed the Director of Economics and Statistics not to upset or disturb the existing seniority list. However, as the petitioner has already moved the Government in Ext.P12 representation invoking the Government's power under Rule 27B of Part II of the KS&SSR , I am not inclined to go into the merits of the contentions raised by the petitioner at this W.P.(C) No.33195 of 2008 4 stage in these proceedings. 5. Rule 27B of Part II of KS&SSR enables the petitioner to move the Government, if he is aggrieved by the rank and seniority assigned to him in Ext.P8 seniority list. As the petitioner has already invoked the jurisdiction of the Government, it is only just and proper that the said authority considers his grievance and takes a decision in the matter. In that view of the matter, I dispose of the Writ Petition with a direction to the Secretary to Government to consider the request made by the petitioner in Ext.P12 and take a decision thereon, after affording the petitioner, the third respondent and others who are likely to be affected, an opportunity of being heard. This shall be done within a period of four months from the date on which the petitioner produces a certified copy of this judgment. As Ext.P4 seniority list was issued as early as on 1.12.1993 and the Government have in Exts.P9 and P10 directed that the existing seniority should not be upset, I further direct that till orders are passed as directed above on Ext.P12 representation, the reversion of the petitioner from the post of Assistant Director shall stand stayed. P.N.RAVINDRAN, JUDGE css/