IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 23069 of 2011(G) -------------------------- PETITIONER(S): --------------- 1. K.K.KARUNAKARAN, S/O.KRISHNAN,AGED 78 YEARS, EXCISE INSPECTOR (RETIRED), KALLUR THEKKETHIL HOUSE P.O., VAZHOOR-686 504. 2. K.P.GOPINATHAN NAIR, S/O.PARAMESWARAN PILLAI,AGED 74 YEARS, EXCISE INSPECTOR(RETIRED), RESIDING AT USHALAYAM, P.O.VEMPALLY,KURAVILANGAD-686 633 BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES(F) DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM 686 001. GOVERNMENT PLEADER SRI.E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23069/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE RELEVANT PAGE OF ORDER NO.XE2-8933/92 OF THE BOARD OF REVENUE (EXCISE) TRIVANDRUM AND THE RELEVANT PAGE OF THE SENIOROTY LIST. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT BY THE 1ST PETITIONER. EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT BY THE 2ND PETITIONER. EXT.P4 TRUE COPY OF THE ORDER NO.XD3-9573/2010 OF THE 2ND RESPONDENT EXT.P5 TRUE COPY OF THE ORDER NO. KI-3303/09 OF THE 3RD RESPONDENT EXT.P6 TRUE COPY OF THE CIRCULAR NO.5/2010/FIN. OF THE GOVERNMENT RESPONDANTS'S EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE dnc K. SURENDRA MOHAN, J. ----------------------------------- W.P(c)No. 23069 of 2011 --------------------------------- Dated this the 14th day of October, 2011 JUDGMENT The petitioners are senior citizens, who have retired from the Excise Department as Excise Inspectors. According to the petitioners, they were promoted as preventive officers during 1966 and 1970. Thereafter, they were promoted to the post of Excise Inspector, from which post they retired. After their retirement, the Board of Revenue (Excise) finalised the seniority list of Excise Inspectors and the dates of promotions of the petitioners were regularised. According to the petitioners, they have however, not been given all the consequential benefits of such regularization. Though representations have been submitted by them to the respondents, no orders have been passed thereon till date. 2. The petitioners submit that Exts.P2 and P3 representations submitted by them are still pending consideration of the first respondent. 3. The learned Government Pleader, on instructions, submits that there were a number of issues that remained to be W.P(c)No. 23069 of 2011 2 settled, before the seniority list of Excise Inspectors could be finalised. There were also a number of cases pending, in which, disputes regarding seniority position was involved. Finally, by the time the seniority list of Excise Inspectors was finalized, the petitioners had retired. It is submitted that the petitioners are entitled to the next higher grades. However, a decision sanctioning the same has to be taken by the Government, on a consideration of the representations of the petitioners. He submits that the recommendations in this regard have already been forwarded to the Government. 4. In view of the above, this Writ Petition is disposed of directing the first respondent to consider the representations submitted by the petitioners evidenced herein by Exts.P2 and P3 and to pass appropriate orders thereon, in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners also. sd/- K. SURENDRA MOHAN, JUDGE /True copy/ P.A.to judge ln