IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WA.No. 1907 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16240/2006 Dated 13/06/2008 .................... APPELLANTS:PETITIONERS: ------------------------------------------- 1. E.BABY, JOINT DIRECTOR, OFFICE OF THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 2. C.SURESHKUMAR, JOINT DIRECTOR, INSTITUTE OF MANAGEMENT IN GOVERNMENT, TRIVANDRUM, VIKAS BHAVAN P.O. DEPUTY DIRECTOR, DIRECTORATE OF ECONOMICS & STATISTICS, VIKAS BHAVAN, TRIVANDRUM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) RESPONDENTS:RESPONDENTS: -------------------------------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, PLANNING AND ECONOMIC AFFAIRS DEPARTMENT,SECRETARIAT,TRIVANDRUM AND CONVENOR DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR DEPARTMENT OF ECONOMICS AND STATISTICS, TRIVANDRUM. 2. THE DIRECTOR, DIRECTORATE OF ECONOMICS & STATISTICS, VIKAS BHAVAN, TRIVANDRUM. 3. SRI.V.RAMACHANDRAN, ADDITIONAL DIRECTOR, DIRECTORATE OF ECONOMICS & STATISTICS, VIKAS BHAVAN, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1907 of 2008 --------------------------------------- Dated this the 29th day of September, 2008 Judgment Koshy,J. Appellants entered service as Research Officers by direct recruitment in 1988. They were provisionally promoted as Assistant Directors on 18.11.1994 and on 29.11.1994. Thereafter, they were promoted as Deputy Directors on 7.3.1996 and 26.6.1996 respectively. Third respondent was directly appointed as Deputy Director by advice dated 19.6.1995. Therefore, third respondent is senior in the post of Deputy Director. There were several vacancies of Deputy Directors even before 1995 and according to them had they been promoted earlier, they would have been senior. But, vacancies in the direct recruitment quota arose earlier. Third respondent was appointed under the special recruitment procedure as scheduled caste candidates were not available for recruitment at the time of general direct recruitment. In any event, it is well settled that the seniority of a promotee in that post can be taken into account only from the date when he was actually promoted and direct recruitees only from the date of advice by the PSC. Here, W.A.No.1907/2008 2 third respondent was advised on 19.6.1995 and the third respondent is senior in the post of Deputy Director as appellants were promoted only in 1996 to that post. At the time of appointment of the third respondent, appellants were subordinates to the third respondent as they were working in a lower category. We agree fully with the reasoning of the learned single Judge. The appeal is dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1907/2008 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1907/2008 ------------------------------------- Judgment Date:29th September,2008