IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 OP.No. 2829 of 1997(J) ---------------------------- PETITIONER(S): ------------------- 1. M. DIVAKARAN, UPPER DIVISION CLERKS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, GOVT OF KERALA, THIRUVANANTHAPURAM – 4. 2. D. PURUSHOTHAMAN, UPPER DIVISION CLERK, OFFICE OF THE COMMISSIONER FOR GOVT., EXAMINATIONS, PAREEKSHA BHAVAN, THIRUVANANTHAPURAM – 12. 3. P.M. SOLOMON, UPPER DIVISION CLERK, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. D. RAJAN, UPPER DIVISION CLERK, PAREEKSHA BHAVAN, THIRUVANANTHAPURAM-12. 5. JOSEPH G., UPPER DIVISION CLERK, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. BY ADV. MR.BABU JOSEPH KURUVATHAZHA MR. FIROZ K. ROBIN RESPONDENT(S): ------------------- 1. STATE OF KEARALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MS. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/04/2009, ALONG WITH OP NO. 29064 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 2829 of 1997 ORDERS ON C.M.P.NOS.5129/97 & 45999 OF 2002 IN O.P.NO.2829 OF 1997 CLOSED. APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF GOVT. ORDER G.O.(MS) NO.4/61/PD DTD 2.1.1961. EXT.P2: COPY OF GOVT. ORDER G.O.(MS) 154/71/PD DT. 27.5.1971. EXT.P3: COPY OF THE RELEVANT EXTRACT OF THE FINAL SENIORITY LIST DATED 15.2.1989. EXT.P4: COPY OF THE ORDER PUBLISHING THE REVISED PROVISIONAL SENIORITY LIST OF LOWER DIVISION CLERKS DURING THE PERIOD 13.2.72 TO 31.12.83 PUBLISHED IN THE GAZETTE DATED 26.9.94. EXT.P5: COPY OF THE ORDER DATED 4.6.96 OF THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD 28.9.96. EXT.P7: COPY OF THE ORDER DATED 29.11.96. EXT.P8: COPY OF THE ORDER DATED 4.9.2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. --------------------------------------------- O.P.Nos.2829/99 & 29064 OF 2002 ----------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioners in these original petitions are U.D. Clerks in the Education Department. All of them joined as Lower Division Clerks in various districts on various dates. Subsequently, they requested for inter-district transfer to the head office in terms of Government Order (MS) No.4/6/PD dated 2.1.1961. After the inter-district transfer, they were promoted as U.D. Clerks. Their claim now is that since Ext.P1 Government Order has been subsequently amended by Ext.P2 their original seniority in the cadre of L.D. Clerks has to be retained for the purpose of promotion since promotions to the post of U.D. Clerk, are to be made on the basis of state-wise seniority. The petitioners therefore, challenge orders revising the petitioners' seniority in the cadre of L.D. Clerk based on their inter-district transfer. I am of opinion that Ext.P2 does not in any way alter the terms and conditions of inter-district transfer, the conditions of which are laid down in Ext.P1. Ext.P2 is only a procedure O.P.Nos.2829/97 & Con.case 2 prescribed for implementing Ext.P1, which cannot amend the basic conditions in Ext.P1. It is settled law that on inter- district transfer on request, the employee would join in the new district as the Junior-most among all the employees in that district in that cadre. Therefore, the petitioners would also get seniority in the cadre of L.D.Clerk only as the junior- most among all L.D. Clerks in the district where they joined consequent on inter-district transfer on request. That being so, the petitioners are not entitled to any reliefs prayed for in these original petitions and accordingly, the same are dismissed. S. SIRI JAGAN, JUDGE Acd O.P.Nos.2829/97 & Con.case 3