IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WA.No. 116 of 2011 -------------------- APPELLANTS/RESPONDENTS IN THE W.P./APPLICANTS IN I.A.: --------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARYT TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR LAND AND REVENUE, THIRUVANANTHAPURAM. 3. C.R. JOSPRAKASH, ASSISTANT COMMISSIONER, LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS. RESPONDENTS/PETITIONER IN THE W.P/RESPONDENT IN I.A.: --------------------------------------------------------------------- REVENUE DEPARTMENT STAFF WELFARE ASSOCIATION (REGN. nO.80/2009) KIZHAKKE PULLATTU, ARPOOKKARA EAST P.O., KOTTAYAM - 686 008, REPRESENTED BY ITS TREASURER, BIJU S., S/O.SOMASEKHRARAN PILLAI, SRUTHI, ARUNAPURAM P.O., PALA - 686 574, KOTTAYAM. BY ADV.SRI.P.CHANDRASEKHAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 116 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2011 JUDGMENT J.Chelameswar, C.J. This appeal is preferred by the State aggrieved by an order in I.A. No.922 of 2011 in W.P.(C) No.1364 of 2011 dated 19.01.2011. 2. Heard Sri.Benny Gervasis, the learned Senior Government Pleader appearing on behalf of the appellants and Sri.P.Chandrasekhar, the learned counsel appearing on behalf of sole respondent. 3. The abovementioned writ petition is filed challenging Ext.P12 Government Order, G.O.(Rt) No.4630/2010/RD dated 14.10.2010. By the said order, the Government withdrew the orders issued vide G.O.(Rt) No.3847/2009/RD dated 20.10.2009. Ultimately the issue is regarding the seniority of the employees of the Revenue Department of the State of Kerala in various categories who WA No. 116 of 2011 -:2:- were transferred on their own request from one district to another district. The policy of the Government varied in this regard from time to time creating enough confusion and litigation. Initially when W.P.(C) No.1364 of 2011 is filed, by an interim order dated 14.01.2011, this Court stayed all further proceedings pursuant to the impugned order(Ext.P12). Subsequently the State filed I.A. No.922 of 2011 praying that the interim order be vacated. By the order under appeal, the learned Judge dismissed the said I.A. Hence the appeal. 4. In the background of the abovementioned facts, we do not see any reason to interfere with the interim order. We deem it appropriate to dispose of the appeal with a limited relief to the appellants that the appellants may proceed with the preparation of the seniority list pursuant to the impugned order in the Writ Petition(Ext.P12), but at the same time shall not take any consequential action based on such seniority list to be prepared. The Writ Appeal is accordingly disposed of at the admission stage. WA No. 116 of 2011 -:3:- The learned counsel appearing on both sides agreed that in view of the nature of the dispute and the number of persons effected by the dispute, the writ petition itself be heard at an early date. Registry is therefore directed to list W.P.(C) No.1364 of 2011 along with W.P.(C) No.8123 of 2010 and connected cases before appropriate Bench on 22.02.2011. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb