IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12090 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. FAZULUDEEN A., S/O.S.ABDUL RAHUMAN, ASSISTANT TREASURY OFFICER, DISTRICT TREASURY, THIRUVANANTHAPURAM. RESIDING AT BYTHUSSALAM, ANENDESWARAM, CHEMPAZHANTHY. 2. V.M.SURESH KUMAR, STAMP DEPOT OFFICER, SUB TREASURY, MANJERI. 3. C.USHA RAJALAKSHMI, W/O.A.KUNHIRAMAN, AGED 49 YEARS, SUB TREASURY OFFICER, THIRUVAMBADI, KOZHIKODE DISTRICT. RESIDING AT 3/231, UPASANA, WEST NADAKKAVU, KOZHIKODE DISTRICT 673 011. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 3. SAJAN V., NEELIMALA HOUSE, RAJAPURAM P.O., KANHANGAD VIA, KASARAGOD 671 531 WP(C).No. 12090 of 2009(E) 4. JIJU PRAJITH K.R., C/O.ANGANGADY KAINATTY, KALPETTA NORTH P.O., KAINATTY, WAYANAD 673 122. 5. JOHN JOSEPH, THONIPPARA HOUSE, KORULKODE P.O., MUNDAKAYAM BLOCK, KOTTAYAM 686 513. 6. BIJUMON K.P, KALAPPURAKKAL VELI, AROOR P.O., ALAPPUZHA 688 534. 7. JOJAN SAMUEL, PARASSERIL HOUSE, ERUMAPRAMATTOM P.O., KOTTAYAM 686 586. 8. NOBEL P.S., POTTOMPLAKKEL HOUSE, VELLIKULAM P.O., TEEKOY VIA, KOTTAYAM 686 580. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12090 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. JUDGMENT The petitioners are presently working as officers under the Department of Treasury, Trivandrum. They are mainly aggrieved by the fixation of seniority in the post of Sub Treasury Officer/Assistant Treasury Officer/Senior Superintendent/Stamp Depot Officer vis-a-vis direct recruitees to the said posts. Ext.P4 is the proceedings whereby the final seniority list has been published. The same is dated 11.4.2008. Subsequently, the petitioners have filed objections to the same as per Ext.P5 series. The petitioners have disputed the principle adopted in the matter of preparation of seniority list. It is contended that going by Rule 27 (a) of KS & SSR, persons who are advised but accommodated after creating posts on subsequent dates could not relate back their appointment to the date of appointment in the absence of posts to accommodate them. 2. Since the petitioners have filed representations in the matter, there will be a direction to the second respondent to consider and pass orders on Ext.P5 series applications with notice to the petitioners and respondents 4 to wpc 12090/2009 2 8 and any other affected persons, within four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) kav/ \\True copy// P.A. to Judge