IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 11974 of 2007(A) -------------------------------- PETITIONERS: ---------------- 1. RAJITH R., EXCISE GUARD, EXCISE RANGE OFFICE, PARLI, PALAKKAD. 2. MANOJ KUMAR C.N., EXCISE GUARD, EXCISE CIRCLE OFFICE, MANNARKKAD. 3. K.V.MURALI, EXCISE GUARD, EXCISE RANGE OFFICE, OTTAPPALAM. 4. C.KANNAN,EXCISE GUARD, EXCISE RANGE OFFICE, PALAKKAD. 5. RAJESH.M.B.,EXCISE GUARD, EXCISE RANGE OFFICE, KUZHALMANNAM, PALAKKAD. BY MR.S.P.ARAVINDAKSHAN PILLAY, ADVOCATE. MS.N.SANTHA, ADVOCATE. MR.PETER JOSE CHRISTO, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETRIAT,THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. WP(C).No. 11974/2007 ...2... 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 4. A. SHOUKATH ALI, EXCISE GUARD, EXCISE RANGE OFFICE, PALAKKAD. 5. M.M.CHENTHAMARAKSHAN, EXCISE GUARD, EXCISE CIRCLE OFFICE, OTTAPPALAM. BY MR. B.GOPAKUMAR, ADVOCATE, FOR R5. MR.P.V.MOHANAN, ADVOCATE, FOR R4. MR. BENNY GERVASIS, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.11974/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the ORDER No.E1-2179/2005 DATED 15.9.2006 OF THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. EXT. P1(a) : COPY OF THE FINAL SENIORITY LIST OF EXCISE GUARDS FOR THE PERIOD FROM 1.1.1989 TO 30.6.2000 OF PALAKKAD DIVISION. EXT. P2 : COPY OF the JUDGMENT IN W.P.(C) 33934/2004-M DATED 22.8.2005 OF THIS HON'BLE COURT. EXT. P3 : COPY OF the REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.12.2006. EXT. P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 8.1.2007. EXT. P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 4.1.2007. EXT. P6 : COPY OF the REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT. EXT. P7 : COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.12.2006. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ W.P.(C). No.11974 OF 2007 ------------------------------------------ Dated this the 16th day of February, 2009. J U D G M E N T Kurian Joseph, J. Heard the learned counsel appearing for the petitioners, learned Government Pleader and also the learned counsel appearing for the contesting respondents. 2. Learned counsel appearing for the petitioners submits that the petitioners have invoked their statutory remedy under Rule 27B of Kerala State & Subordinate Service Rules before the Government by Exhibits P3 to P7. The respondents have no objection since the petitioners are only pursuing their statutory remedy. Accordingly, this writ petition is disposed of without expressing any opinion as to the merits of the case and leaving open the contentions, directing the first respondent to consider W.P.(C) No.11974/07 2 and dispose of Exhibits P3 to P7, with notice to the petitioners and the affected parties, within a period of four months from the date of receipt of a copy of this judgment. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.P.(C) No.11974/07 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.P.(C). No.11974 OF 2007 J U D G M E N T 16.02.2009