IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 37978 of 2007(U) -------------------------- PETITIONER: ------------ ASOK KUMAR, SENIOR INSPECTOR OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM-2 RESIDING AT ANIPALLIL HOUSE,ALAPRA PO MANIMALA, KARAKKATTOOR, KANJIRAPPALLY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA REOPRESENTED BY SECRETARY CO-OPERATIVE DEPARTMENT (A) KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 37978 of 2007 --------------------------------- Dated this the 17th day of July, 2008. JUDGMENT The petitioner is now working as Senior Inspector of Co- operative Society. By Ext.P1 order dated 31.1.1996 he was appointed as Junior Inspector on a provisional basis. The petitioner is serial No.4 in Ext.P1. Subsequently by Ext.P3 order, the petitioner's appointment as Junior Inspector was regularised. The petitioner found that there are other persons who are juniors to him in the cadre of U.D.Clerk apparently appointed as Senior Inspector ahead of the petitioner and subsequently they were promoted to still further post. In effect the petitioner was superseded, according to him. He moved the Government and by Ext.P7 order, the Government found that persons who were juniors to the petitioner in the panel had been appointed as Junior Inspectors ahead of the petitioner. The petitioner must be regularised in service as Junior Inspector atleast with effect from the date on which his juniors have been promoted notionally. The petitioner is aggrieved that though WPC.37978 /2007 2 Ext.P7 has been issued by the Government, it has not been implemented so far. Ext.P8 representation is pending before the Registrar of Co-operative Societies. 2. In a statement filed by the second respondent it is contended that the post of Junior Inspector is an entry post covered by the provisions of the Kerala Co-operative Subordinate Service Rules 1962. Recruitment to the said post is in three streams. One by direct recruitment - 40%, recruitment by transfer from qualified UDC/UDT of the same department and from any other service other than Kerala Ministerial Subordinate service - 40% and recruitment by transfer from persons among Gramasevaks -20%. The post of Junior Inspector of Co-operative Societies which is filled up by transfer be treated as post of entry in which case the petitioner is bound to complete the period of probation therein. The petitioner is not entitled to regularisation with reference to the date prior to the date on which he was actually appointed. Reference is made in para 3 of the statement that a communication issued by the Government which directs that the petitioner's seniority in the cadre of Junior Inspector should be fixed with reference to the date on which his immediate WPC.37978 /2007 3 junior in the cadre of U.D.Clerk was appointed as Junior Inspector by transfer. In effect Ext.P7 is affirmed. 3. I heard learned counsel for the petitioner Sri.V.Philip Mathew and the learned Government Pleader Sri. P.Nandakumar. Since Ext.P7 directs that the petitioner should be assigned seniority in the post of Junior Inspector with reference to the date on which his immediate junior in the cadre of U.D.Clerk, who was recruited by transfer to the post of Junior Inspector was regularised, I think that substantial portion of the grievance entertained by the petitioner is redressed. Apparently the person who was immediately junior to the petitioner herein in the cadre of U.D.Clerk is Sri. Nizamudeen and he is also the beneficiary of Ext.P7 order. Obviously the effect of the direction in Ext.P7 is that the petitioner and Nisamuddin would be entitled to reckon their seniority in the post of Junior Inspector atleast with reference to the date on which their junior in the cadre of U.D.Clerk has been assigned seniority in the post of U.D.Clerk, if it is found that any person juniors to the petitioner in the cadre of U.D.Clerk has actually been assigned seniority in the post of Junior Inspector ahead of the petitioner. To that extent Ext.P7 is WPC.37978 /2007 4 to be implemented by the Director. 4. Ext.P8 representation is submitted by the petitioner before the Registrar of Co-operative Societies and the Registrar is required to implement Ext.P7 in the manner aforementioned. 5. In the result, the writ petition is disposed of directing the second respondent to implement Ext.P7 and pass orders on Ext.P8 in the said manner within two months from the date of receipt of a copy of this judgment. There are other aspects highlighted in Ext.P8. The second respondent shall consider the same in the course of passing orders as mentioned above. V. GIRI, JUDGE. Pmn/ WPC.37978 /2007 5