IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 12213 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------- 1. G.RADHAKRISHNAN NAIR, EXCISE GUARD, EXCISE RANGE OFFICE, PALA, NOW AT EXCISE DIVISION OFFICE, KOTTAYAM. 2. P.M.MAJEED, EXCISE GUARD, EXCISE RANGE OFFICE, KOTTAYAM. 3. K.C.ALEXANDER, EXCISE GUARD, EXCISE RANGE OFFICE, KURAVILANGAD, KOTTAYAM. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE BY ADV. MR.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE JOINT COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. GOVERNMENT PLEADERMR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12213/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 17.1.03 BY R3. P2:- COPY OF THE REPRESENTATION DTD. 25.2.06 BY THE IST PETITIONER. P3:- COPY OF THE REPRESENTATION DTD. 22.3.06 BY THE 2ND PETITIONER. P4:- COPY OF THE REPRESENTATION DTD. 13.3.06 BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss V.GIRI, J ------------------- W.P.(C).12213/2008 -------------------- Dated this the 1st day of October, 2009 JUDGMENT Petitioners are Excise Guards who were appointed in the Wayanad District. They requested a transfer to Kottayam on inter district transfer. Their request was accepted and they were appointed in the Kottayam Division against the 10% vacancies available in each district for accommodating inter district transferees. Seniority list was published in the year 1995 among Excise Guards in the Kottayam Division and petitioners' seniority in the Kottayam Division was reckoned with reference to the date on which they were appointed in the Kottayam Division. 2. It seems that 19 Excise Guards in the Kannur Division were transferred to Kottayam Division on administrative grounds and such transfer was effected without loss of seniority in the parent district since transfers were not on request. It seems that one of them Mr.Ajayakumar had opted for a transfer back to Kannur Division and his request was accepted. 19 Excise Guards who were then so transferred W.P.(C).12213/2008 2 from Kannur Division could not have forfeited the seniority in the parent district since the transfer was not on request. But nevertheless, originally they were shown to have been transferred with loss of seniority. But this mistake was later rectified. Thus, in the case of the aforementioned Ajayakumar, he was transferred back to Kannur District and his seniority in Kannur was reckoned, rightly with reference to the date on which he was originally recruited. In other words, since his transfer to Kottayam was not on his request, but otherwise on administrative grounds, the same did not result in him forfeiting his seniority in Kannur District. 3. It seems that the petitioners claim similar benefit and they have filed Exts.P2 to P4 representations in this regard. This writ petition has been filed seeking appropriate directions in relation to Exts.P2 to P4. 4. A detained counter affidavit has been filed on behalf of the respondents affirming the aforementioned details and drawing a distinction between the case of the petitioners and the person dealt with in Ext.P1. W.P.(C).12213/2008 3 5. As noted above, crucial distinction is that the petitioners were transferred to Kottayam Division on their request and obviously this would have resulted in loss of seniority in the parent district. There is no merit in the request made by the petitioners. Writ petition is accordingly dismissed. V.GIRI, Judge mrcs