IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 23802 of 2010(A) -------------------------- PETITIONER(S): ---------------------- M.REMADEVI, AGED 48 COMMERCIAL TAX INSPECTOR OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (IB) COMMERCIAL TAXES, NINAN COMPLEX, PALAKKAD 678 001 BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): ------------------------ 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 678 001 5. SHRI M.K.VENU,COMMERCIAL TAX INSPECTOR COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES ERNAKULAM 682 030 6. SMT. M.LALITHA,COMMERCIAL TAX INSPECTOR COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES THRISSUR 680 001 7. SMT. P.T.GEETHA,COMMERCIAL TAX INSPECTOR COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES PATHANAMTHITTA 689 645 WPC NO.23802/2010 -2- 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 COMMERCIAL TAXES ERNAKULAM 682 030 11. SMT.C.M.SUMATHI, UPPER DIVISION CLERK COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES 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 JOBY, UPPER DIVISION CLERK,COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES KOZHIKODE 673 001 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 18. SHRI P.E.SAJI, UPPER DIVISION CLERK,COMMERCIAL TAXES DEPARTMENT, C/O.DEPUTY COMMISSIONER OF COMMERCIAL TAXES ERNAKULAM 682 030 WPC NO.23802/2010 -3- 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 GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23802 OF 2010 (A) ===================== Dated this the 2nd day of August, 2010 J U D G M E N T Petitioner is a Commercial Tax Inspector. The prayers sought in this writ petition are to quash Ext.P5 to the extent it reduced the seniority position of the petitioner from 86 to 200 and to direct the respondents not to revert the petitioner from the present post to any lower post. 2. Facts show that the petitioner was an Upper Division Typist in the Commercial Taxes Department. While according to the petitioner, she applied for a category change as Upper Division Clerk, the said application, a copy of which is stated to be Ext.P1 was, even according to the pleadings in the writ petition, not considered on the ground that the petitioner had not passed the test in Manual of Office Procedure. Subsequently, she passed the examination and submitted Ext.P2 application dated 14/12/07 for category change. From Ext.P3 order dated 6/3/08, it appears that Ext.P2 request was accepted. 3. Subsequently, Ext.P4 provisional seniority list was published and objections were invited. In Ext.P4 provisional WPC No. 23802/10 :2 : seniority list, the petitioner was included at Sl.No.86. On that basis, she was also promoted as Commercial Tax Inspector. It would appear that some other persons in the Department objected to the seniority assigned to the petitioner in Ext.P4 on the ground that though she was senior, her willingness for category change was made only on 14/12/2007 (date of Ext.P2) and that her seniority should be reassigned on that basis. 4. When the seniority list was finalised by Ext.P5, the aforesaid objection was accepted and the petitioner was reassigned seniority at Sl.No.200. In view of the re-assigned seniority, petitioner apprehends that she is likely to be reverted. The contention raised by the learned senior counsel appearing for the petitioner is that her request made by Ext.P1 for category change ought to have been accepted, and if so, the seniority as reflected in Ext.P4 is correct. However, fact remains that the request made by Ext.P1 was not accepted and what was accepted was Ext.P2 request made only on 14/12/2007. The acceptance of the request is made by Ext.P3 order dated 6/3/2008. 5. If the petitioner was aggrieved by the belated acceptance of the request for category change, she ought to have challenged Ext.P3, which she did not do. Therefore, in so as far as WPC No. 23802/10 :3 : the petitioner is concerned, category change was only as per Ext.P3 order dated 6/3/2008. In Ext.P4 provisional seniority list, seniority was assigned to the petitioner not on the basis of Ext.P3. This mistake is seen corrected in Ext.P5 final seniority list. 6. So long as Ext.P3 order accepting her request for category change remains unchallenged, petitioner cannot aspire for seniority in the category of UDC, on any day prior to Ext.P3. If so, the finalisation of seniority as reflected in Ext.P5 is unassailable. Necessarily, therefore, pursuant to Ext.P5, if the petitioner is to be reverted, the same cannot be said to be illegal warranting interference in a writ proceedings. 7. However, it is made clear that if the petitioner is aggrieved by the seniority list, it will be open to the petitioner to pursue the remedy under Rule 27(B) of Part II, KS & SSR, including on the necessity of reversion, in which event, the same will be considered untramelled by the findings in this judgment. Subject to the above, writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp