IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 4643 of 2010(E) ----------------------------------- PETITIONER(S): ----------------------- 1. NAZARUDEEN.A, HEAD ACCOUNTANT, CENTRAL POLYTECHNIC, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. JAYACHANDRAN.V. U.D.CLERK,(HIGHER GRADE) DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. SAJEEV.H. U.D.CLERK (HIGHER GRADE) OFFICE OF THE CONTROLLER OF TECHNICAL EXAMINATIONS THIRUVANANTHAPURAM. 4. BABU.K., U.D.CLERK (HIGHER GRADE), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 5. AJAYAKUMAR.B., U.D.CLERK, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY ADVS. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, FORT,THIRUVANANTHAPURAM. 3. S.AJI, L.D.CLERK,(HIGHER GRADE) DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2/- tss /2/ W.P.(C) NO.4643/2010 4. S.S.SUJA, U.D.CLERK (HIGHER GRADE), DIRECTOR AT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 5. C.R.VIJAYAKUMAR, L.D.CLERK, TECHNICAL HIGH SCHOOL, KULATHOOR, THIRUVANANTHAPURAM. *ADDL. R6 IMPLEADED 6. M.GIRISH KUMAR, UPPER DIVISION CLERK, (HIGHER GRADE), GOVERNMENT COMMERCIAL INSTITUTE, ETTUMANOOR , KOTTAYAM DISTRICT. *ADDL. R6 IS IMPLEADED AS PER ORDER DT. 09.12.2010 IN IA. 5497/2010 R1 & R2 BY GOVT. PLEADER SRI.SANDESH RAJA R3 – R4 BY ADV. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI , SRI.T.S.SHYAM PRASANTH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, ALONG WITH WPC NO. 10475 OF 2010 THE COURT ON 09/12/2010 DELIVERED THE FOLLOWING: tss W.P.(C) NO.4643/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 24.8.1990 OF THE 2ND RESPONDENT APPOINTING IST PETITIONER AS L.D.CLERK. P1(a):- COPY OF THE ORDER DTD. 7.10.1996 OF THE 2ND RESPONDENT. P1(b):- COPY OF THE ORDER NO.ED1-36007/98 DT. 29.12.1998 WITH RELEVANT EXTRACT OF THE LIST. P1(c):- COPY OF THE ORDER NO.ED1-11986/07/DTE DTD. 5.12.2007 OF THE 2ND RESPONDENT. P2:- COPY OF THE ORDER DTD. 15.12.1990 APPOINTING THE 2ND PETITIONER AS L.D.CLERK. P2(a):- COPY OF THE ORDER DTD. 27.12.1995 OF THE 2ND RESPONDENT. P2(b):- COPY OF THE ORDER NO.ED1-36007/98 DTD. 20.8.1999 OF THE 2ND RESPONDENT. P3:- COPY OF THE ORDER DTD. 11.11.1994 ISSUED BY 2ND RESPONDENT TRANSFERRING AND POSTING THE 3RD PETITIONER. P4:- COPY OF THE ORDER DTD. 26.2.1991 APPOINTING THE 4TH PETITIONER AS L.D.CLERK. P5:- COPY OF THE ORDER DTD. 19.11.1993 APPOINTING THE 5TH PETITIONER AS L.D.CLERK. P5(a):- COPY OF THE ORDER DTD. 2.1.1998 OF THE 2ND RESPONDENT. P5(b):- COPY OF THE ORDER DTD. 7.7.2000 OF THE 2ND RESPONDENT. P6:- COPY OF THE CIRCULAR NO. ED4-37964/95 DTD. 10.10.1996 ISSUED THE 2ND RESPONDENT P6(a):- COPY OF THE FINAL SENIORITY LSIT OF L.D.CLERKS/U.D.TYPISTS PUBLISHED ALONG WITH EXT.P6. P7:- COPY OF THE CIRCULAR NO.ED4-30372/97 DTD. 3.1.1998 ISSUED BY THE 2ND RESPONDENT. P7(a):- COPY OF THE FINAL SENIORITY LIST OF L.D.CLERKS/U.D.TYPISTS PUBLISHED ALONG WITH EX.T[P7. P8:- COPY OF THE CIRCULAR NO.ED4-9607/98 DTD. 14.10.1998 ISSUED BY THE 2ND RESPONDENT. 2/- -2- W.P.(C) NO.4643/2010 P8(a):- COPY OF THE FINAL SENIORITY LIST OF L.D.CLERKS/U.D.TYPISTS PUBLISHED ALONG WITH EXT.P8. P9:- COPY OF THE LETTER NO.EG3/15715/2000 DTD. 5.5.2000 OF THE 2ND RESPONDENT. P9(a):- EXTRACT OF THE PROVISIONAL GRADATION LIST OF THE U.D.CLERKS FOR THE PERIOD FROM 1.4.1988 TO 31.3.1999. P10:- COPY OF THE ORDER NO.EG3-15715/2000 DTD. 22.12.2000 OF THE 2ND RESPONDENT. P10(a):- COPY OF THE FINAL SENIORITY LIST OF U.D.CLERKS FOR THE PERIOD FROM 1.4.1988 TO 31.3.1999. P11:- COPY OF THE REPRESENTATION DTD. 4.10.2006 SUBMITTED TO THE 2ND RESPONDENT. P12:- COPY OF THE CIRCULAR NO.EG3/16043/2005 DTD. 8.5.07 ISSUED BY THE 2ND RESPONDENT P12(a):- COPY OF THE PROVISIONAL SENIORITY LIST OF LDC/UDT, WHO BECAME ELIGIBLE FOR PROMOTION AS UD CLERKS. P13:- COPY OF THE CIRCULAR NO.EG3-32139/2006 DTD. 26.4.2008 ISSUED BY THE 2ND RESPONDENT. P13(a):- COPY OF THE SENIORITY LSIT OF L.D.CLERKS/ U.D.TYPISTS PUBLISHED ALONG WITH EXT.P13. P14:- COPY OF THE OBJECTION DTD. 16.6.2008 FILED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. P15:- COPY OF THE JUDGMENT DTD. 16.7.2008 IN WPC. NO.20519/2008. P16:- COPY OF THE ORDER DTD. 21.8.2008 IN WA. 1737/2008. P17:- COPY OF THE STATEMENT DTD. 28.1.2009 WITH THE ANNEXURE FILED BY R3 IN W.A. NO.1737/2008. P18:- COPY OF THE JUDGMENT DT.D 23.3.2009 IN W.A. NO.1737/2008. P19:- RELEVANT PAGES OF THE GOVERNMENT FILE OBTAINED UNDER RIGHT TO INFORMATION ACT. P20:- COPY OF THE HEARING NOTICE DTD. 1.7.2009 ISSUED BY THE 2ND RESPONDENT. P21:- COPY OF THE LETTER DTD. 20.7.09 OF THE 2ND RESPONDENT P22:- COPY OF THE MINUTES OF THE MEETING OF THE GENERAL SECRETARIES HELD ON 31.7.2009. -3- W.P.(C) NO.4643/2010 P23:- COPY OF THE REPRESENTATION DTD. 28.8.09 SUBMTITED BY NGO UNION OF HONOURABLE MINISTER FOR EDUCATION. P24:- COPY OF THE NOTE DTD. 3.10.2009 OF THE HONOURABLE MINISTER TO THE PRINCIPAL SECRETARY TO GOVT. P25:- COPY OF THE LETTER DTD. 8.10.2009 OF THE PRINCIPAL SECRETARY TO THE 2ND RESPONDENT. P26:- COPY OF THE ORDER DTD. 6.10.2009 OF THE 2ND RESPONDENT. P27:- COPY OF THE CIRCULAR DTD. 13.10.2009 OF THE 2ND RESPONDENT. P28:- COPY OF THE CIRCULAR DTD. 12.11.09 OF THE 2ND RESPONDENT. P28(a):- COPY OF THE PAGES 1 & 5 OF THE BIO-DATA OF L.D.CLERKS, WHO ENTERED SERVICE FROM 1.4.1988 TO 31.3.2009. P29:- COPY OF THE ORDER NO.EG3/783/2010 DTD. 6.1.2010 OF THE 2ND RESPONDENT. P29(a):- COPY OF THE GRADATION AND SENIORITY LIST OF L.D.CLERKS APPENDED ALONG WITH EXT.P29. P30:- COPY OF THE FRONT PAGE, ORDER DTD. 10.10.1994 AND PAGTES 1 & 15 OF THE GRADATION LIST. P31:- COPY OF THE CIRCULAR NO.EG3/783/2010 DTD. 25.2.2010 ISSUED BY 2ND RESPONDENT. P32:- COPY OF THE ARREARS OF THE SALARY BILL FOR THE PERIOD FROM 2.4.2004 TO 31.2.2010. P32(a):- COPY OF THE PROMOTION ARREAR ABSTRACT. P32(b):- COPY OF THE ACQUITTANCE ROLL FOR DISBURSEMENT ARREARS OF SALARY. P33:- COPY OF THE ORDER NO.ED1/834/2010/DTE DTD. 7.1.2010 OF THE 2ND RESPONDENT. P34:- COPY OF THE APPLICATION DTD. 1.2.2010 OF THE 2ND PETITIONER TO THE PUBLIC INFORMATION OFFICER. P35:- COPY OF THE REPLY DTD. 4.3.2010 OF THE PUBLIC INFORMATION OFFICER TO THE 2ND PETITIONER. P36:- COPY OF THE LETTER NO.EG3/25884/2010 DTD. 26.8.2010 OF THE APPELLATE AUTHORITY UNDER THE TECHNICAL EDUCATION DEPARTMENT TO THE 2ND PETITIONER. -4- W.P.(C) NO.4643/2010 P37:- RELEVANT PORTION OF THE NOTE FILE OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS R6(a):- COPY OF THE APPLICATION DTD. 4.6.2010 UNDER RIGHT TO INFORMATION ACT. R6(b ):- COPY OF THE EP1/21624/2010/DTE DTD. 22.6.2010. R6(c):- COPY OF THE RELEVANT IST , 2ND AND LAST PAGE OF SENIORITY LIST OF L.D. CLERKS/ U.D.TYPISTS PERTAINING TO THE PERIOD FROM 1.12.1992 TO 22.10.2009 TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.4643/2010-E & 10475/2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2010. JUDGMENT In both the writ petitions the inter-se seniority of Lower Division Clerks in Technical Education Department which was reviewed as per Ext.P29 produced in W.P.(C) No.4643/2010, is under challenge in these writ petitions. 2. In W.P.(C) No.4643/2010, the petitioners, five in numbers, claim that they are having long settled seniority in the post of L.D.C./U.D.C. which was never challenged by any process known to law by anybody. The service particulars of the petitioners are detailed in paragraphs 1 to 6, which are as follows: First petitioner: He was advised by the Public Service Commission on 8.8.1990 for appointment as L.D. Clerk, was appointed on 24.8.1990 as per Ext.P1 and joined service on 6.9.1990. His probation was declared on 6.9.1992. His initial appointment was in Engineering College, Kannur, from where he was transferred on 6.8.1991 to Women's Polytechnic, Kozhikode. Later, by order dated 7.10.1996 he was transferred and posted to the Directorate of Technical Education as per Ext.P1(a). He was wpc 4643 & 10475 of 2010 2 promoted as U.D. Clerk with effect from 3.12.1995 along with certain others, as per Ext.P1(b). This date was subsequently revised as 28.11.1995. By Ext.P1(c) order dated 5.12.2007, 15 U.D. Clerks were promoted as Head Clerks and the first petitioner is serial No.9 therein. Second petitioner: He was advised by letter dated 1.12.1990 and by Ext.P2 order dated 15.12.1990 he was posted at Technical High School, Manjeri. He joined service on 24.12.1990. He was transferred by order dated 27.12.1995 to the Directorate of Technical Education on his request, by Ext.P2(a). By Ext.P2(b) dated 20.8.1999 he was promoted as U.D. Clerk with effect from 18.12.1996 and on completion of 8 years service in the post of U.D. Clerk, he was granted higher grade with effect from 18.12.2004. Third petitioner: He was advised by letter dated 1.12.1990 and was appointed as per Ext.P2 order dated 15.12.1990 and was posted at Technical High School, Nannamukku. He joined service on 1.1.1991, was transferred as per Ext.P3 order dated 11.11.1994 to the Directorate of Technical Education. He was promoted as U.D. Clerk with effect from 18.12.1996 as per order dated 29.12.1998 with effect from 18.12.1996. He was granted higher grade with effect from 21.12.2004. wpc 4643 & 10475 of 2010 3 Fourth petitioner: He was advised by letter dated 18.1.1991 and was appointed at Technical High School, Krishnapuram by Ext.P4 order dated 26.2.1991. He joined service on 13.3.1991, was transferred by order dated 23.5.1996 and posted at Government Polytechnic, Neyyattinkara and joined there on 25.5.1996. He was promoted as U.D. Clerk by Ext.P1(b) order dated 29.12.1998, with effect from 1.4.1997. On completion of 8 years of service as U.D. Clerk, he was granted higher grade with effect from 2.1.2005. Fifth petitioner: He was advised by letter dated 27.10.1993; was appointed at Technical High School, Nannamukku as per Ext.P5 order dated 19.11.1993. He joined service on 4.12.1993, was transferred as per order dated 2.1.1999 to the Directorate of Technical Education as per Ext.P5(a) order. He joined there on 14.1.1999 and was promoted as U.D.Clerk as per Ext.P5(b) order dated 7.7.2000, with effect from 10.8.1999. 3. The petitioners have produced the seniority lists for different periods. Ext.P6 dated 10.10.1996 is the circular issued by the second respondent Director of Technical Education, by which the final seniority list in respect of L.D.Clerks/U.D. Typists has been published. It is mentioned wpc 4643 & 10475 of 2010 4 that the list is valid for the arising vacancies of U.D. Clerks from 9.9.1994 to 14.3.1995. Petitioners 1 to 4 are serial Nos.31, 58, 57 and 59 in Ext.P6(a) final seniority list. By circular dated 18.11.1997 a provisional seniority list of L.D. Clerks/U.D. Typists who became eligible for promotion as U.D. Clerks, was published and after considering the objections to the provisional list, by Ext.P7 circular dated 3.1.1998 a final seniority list was published. It is stated therein that the list is valid for the arising vacancies of U.D. Clerks from 27.3.1996 to 29.12.1996. Petitioners 1 to 4 are serial Nos. 17, 46, 45 and 49 respectively in Ext.P7(a) list. Another provisional seniority list was published on 20.8.1998 which was finalised as per Ext.P8 circular dated 14.10.1998 after inviting objections. Ext.P8(a) is the relevant extract of the seniority list which shows that petitioners 2, 3 and 4 are serial Nos.30, 29 and 33 therein. By Ext.P9 letter dated 5.5.2000 a provisional gradation list of U.D. Clerks for the period from 1.4.1988 to 31.3.1999 was circulated by the second respondent and Ext.P9(a) is the relevant extract of final seniority list. It shows that petitioners 1 to 4 are serial Nos. 196, 230, 229 and 233 and the fourth respondent is serial No.263 therein. The third respondent is not included in the said list. It is averred in the writ petition that members of the staff were directed to file appeal, if wpc 4643 & 10475 of 2010 5 any, against the list on or before 7.6.2000. Ext.P10 shows that the second respondent finalised the provisional list and published the final list. Ext.P10(a) is the extract of the final seniority list of U.D. Clerks for the period from 1.4.1988 to 31.3.1999. Petitioners 1 to 4 are serial Nos.195, 227, 226 and 230. The fourth respondent is serial No.262 in the said list. It is pointed out that these seniority lists were never challenged by any employees either by filing an appeal/representation before the Government or by filing original petition before this Court. Thus, nobody challenged the same as provided under Rule 27B of KS & SSR within the period of six months provided therein. Promotions have been made as U.D. Clerks and therefore it is contended that the petitioners have settled seniority in the cadre of L.D. Clerk from 8.8.1990, 1.12.1990, 18.1.1991 and 27.10.1993 respectively. They have got settled seniority in the category of U.D. Clerk from 28.11.1995, 18.12.1996, 1.4.1997 and 10.8.1999 respectively. The first petitioner is having settled seniority as Head Clerk from 5.12.2007. 4. The matters remained thus and the seniority lists became final. On 19.8.2005 a few L.D. Clerks were promoted as U.D. Clerks. The second respondent passed an order dated 19.9.2006 revising the date of promotion of some of the employees, finding that the claim of employees belonging to wpc 4643 & 10475 of 2010 6 SC/ST for temporary exemption from test qualification, has not been considered. A representation, Ext.P11 was filed against the same on 4.10.2006 by six U.D. Clerks. Therein, it was pointed out that some of the L.D. Clerks who were promoted earlier, can be assigned seniority only on the basis of their seniority position after the inter-district transfers. The petitioners have also filed objections before the Government in the matter opposing any such move, pointing out that in the department the original date of advice was taken as the basis for fixing the seniority. Later, the department published a circular Ext.P12 along with a seniority list with respect to certain L.D. Clerks/U.D. Typists who became eligible for promotion as U.D. Clerks in the departmental test conducted during December 2003, June 2004 and December, 2004. Four persons who were given inter-district transfer in 2000 and 2005, were assigned seniority only with effect from the date of their joining duty in the new district. 5. Exts.P13 and P13(a) respectively are the circular dated 26.4.2008 and the relevant extract of the seniority list published along with the same styled as review seniority list of ministerial staff in the category of L.D. Clerks/U.D. Typists eligible for promotion/inter-changeability as U.D. Clerks on or after 19.9.1980, on the basis of District-wise Recruitment wpc 4643 & 10475 of 2010 7 Rules. Therein, the petitioners are assigned seniority at two places, viz. first petitioner at serial Nos.398 and 512, second petitioner at serial Nos.369 and 478, third petitioner at serial Nos.368 and 453, fourth petitioner at serial Nos.372 and 491 and the fifth petitioner at serial Nos.444 and 567. The fourth respondent is at serial No.399 in the said list. The petitioners have filed objections as per Ext.P14. 6. Subsequent developments arose which ultimately led to the proceedings, Ext.P29. A writ petition filed as W.P.(C) No.20519/2005 by respondents 3 and 4 was disposed of at the admission stage by Ext.P15 judgment directing the first respondent to finalise the seniority list in the light of the dictum laid down in Sudhakaran v. State of Kerala (2006 (2) KLT 817 (SC)). This was challenged in W.A. No.1737/2008 by petitioners 1 and 2 after obtaining leave and the operation of the judgment was stayed. Ext.P16 is the interim order passed in the said Writ Appeal, directing the Government to file a counter affidavit stating whether any objections were raised within the time limit prescribed regarding Ext.P10 (Annexure I therein). Ext.P17 is the statement filed by the Government in the said appeal. Thereafter, the Writ Appeal was disposed of by Ext.P18 judgment. wpc 4643 & 10475 of 2010 8 7. In Ext.P17, the stand taken by the Government was that the promotions ordered upto 2004 on the basis of State-wise seniority list will be considered as the settled seniority and the promotions to be made for subsequent periods in vacancies after 2004 will have to be ordered on the basis of district-wise seniority and the appellants will not be affected by it. The direction issued by the Government to the second respondent in that regard has been produced along with the statement. In the judgment in the Writ Appeal, this Court directed the matter to be considered in accordance with law, after considering objections of all the parties. After the disposal of the Writ Appeal, there were some developments, which according to the petitioners, have influenced the second respondent in reviewing the seniority list. It is pointed out that even though a hearing notice was issued as per Ext.P20, to the parties in the judgment and a hearing was conducted, no decision was taken. Later, the representatives of the service organisations were called for a meeting as per Ext.P21 notice and their suggestions have been incorporated in the minutes as per Ext.P22. Ext.P23 is the suggestions made by the Kerala Non-Gazetted Officers Union to the Hon'ble Minister for Education, who issued a Note containing various decisions as per Ext.P24 for action by the authorities concerned. Ext.P25 wpc 4643 & 10475 of 2010 9 is the letter issued to the second respondent incorporating the decisions in Ext.P24 note, by the Principal Secretary to the Government and calling for a report after taking steps. A direction was issued to prepare a fresh seniority list. To execute these directions, the second respondent constituted a Cell as per Ext.P26 and details were called for as per Ext.P27. The bio-data of L.D. Clerks who entered service during the period from 1.4.1988 to 31.3.2009 was published as per Ext.P28. As noticed already, Ext.P29 is the circular publishing a review seniority list and Ext.P29(a) is the extract of the said list. It is the extract of the gradation list of L.D. Clerks who entered service during the period from 1.4.1988 to 31.3.2009. The petitioners' seniority has been reassigned, as shown below: “Name Original date of seniority Revised date of seniority Nazarudeen. A. 8.8.1990 17.11.1996 (1st petitioner) Jayachandran.V. 1.12.1990 1.1.1996 (2nd petitioner) Sajeev.H. 1.12.1990 16.11.1994 (3rd petitioner) Babu K. 18.1.1991 25.5.1996 (4th petitioner) Ajayakumar.B. 27.10.1993 14.1.1999” (5th petitioner) This will affect the date of their promotion in the post of U.D. Clerk also, wpc 4643 & 10475 of 2010 10 according to them. 8. Learned counsel for the petitioners in W.P.(C) No.4643/2010, Shri N. Sugathan contended that the whole action taken by the Government is only to favour a group of persons. It is submitted that the settled seniority cannot be unsettled after a long lapse of time. The reviewed list has been published on the wrong premise that the Government itself had notified the seniority list upto 31.3.1988, whereas in fact there is no such seniority list notified by the Government. The second respondent alone has published the seniority lists earlier. Ext.P30 is relied upon to point out that it is only printed in the Government press and it is not at all stated therein that the Government has approved it and it is not one notified by the Government. It is published by the Directorate of Technical Education itself. 9. It is also pointed out that the transfer and posting of the petitioners to the Directorate of Technical Education cannot be treated as inter-district transfers. The State was taken as a single unit all along in the department and transfers were made accordingly. Many of the candidates advised by the District Office of the Public Service Commission, Thiruvananthapuram for appointment as L.D. Clerks in Thiruvananthapuram district, were initially appointed in the Directorate and were later transferred and posted to wpc 4643 & 10475 of 2010 11 Institutions in Thiruvananthapuram District or continued at Directorate itself. But in the case of the petitioners it was treated as inter-district transfers. It is pointed out that in the statement filed in W.A. No.1737/2008, it is clearly stated that in the department, throughout the transfer and postings were done considering the whole department as a single unit and the criteria stipulated for inter district transfers were never implemented. It was assured that the appellants who obtained promotions prior to 2004, would not be affected by the present exercise. Attention was invited to Ext.P17(5) order dated 19.9.2008 ( produced as Annexure R3(a) in W.A. No.1737/2008) which is a direction by the Principal Secretary to the Government to the second respondent herein, in that regard. It is pointed out that the relevant pages of the note file produced as Ext.P19, show that the Law Department and the P& ARD Department were consulted before issuing the said order and the said departments agreed with the suggestion of the Higher Education Department that promotions ordered upto 2004 on the basis of the State-wise seniority list, will have to be treated as settled seniority and this was upset only at the instance of the NGO Union who submitted Ext.P23 representation before the Honourable Minister for Education. Their demands were readily accepted and Ext.P24 wpc 4643 & 10475 of 2010 12 Note was accordingly issued and finally the Government by Ext.P25 directed to take follow up action by the second respondent in terms of those directions. It is submitted that the Cell constituted by the second respondent only consisted of persons who were interested to protect their own seniority and the entire exercise is done only to upset the settled seniority. It is pointed out that Ext.P11 representation is dated 4.10.2006 which is long after the seniority lists were published by various proceedings including Exts.P6 to P10 during the years 1996 to 2000. 10. Shri N. Sugathan, learned counsel for the petitioners also pointed out that this Court by interim order dated 15.2.2010 had stayed Ext.P29 order, based on which a circular was issued as per Ext.P31 by the Senior Administrative Officer, to stop all further proceedings till further instructions are issued. It is pointed out that in spite of the same, the second respondent prepared bill for payment of arrears of salary of the 7 employees in the Directorate who were promoted as U.D. Clerks by Ext.R3 (a) order. Their arrears of salary were disbursed as evidenced by Exts.P32( a) and P32(b). It is pointed out that it is only to benefit them, these hasty steps were taken. It is also contended that the principles adopted in Sudhakran's case (2006 (2) KLT 817 (SC)) by the Apex Court wpc 4643 & 10475 of 2010 13 cannot apply to the facts of this case. More than Rs.30 lakhs were drawn and disbursed as arrears, to various persons based on Ext.R3(a) order. 11. By order in I.A. No.9319/2010, the petitioners were allowed to implead the third respondent in a representative capacity and notice has been taken by publication. The first respondent as well as respondents 3 and 4 have filed separate counter affidavits and the petitioners have filed reply affidavits also. 12. The first respondent in their counter affidavit maintains that the gradation lists of ministerial staff for the period upto 31.3.1988 have been printed and published by Government of Kerala during 1994. Later, only seniority lists of qualified LD Clerks were prepared, for giving timely promotion to the posts of U.D. Clerks. In such lists, details, viz. PSC advice number & date/dist of option/mode of appointment/details of inter- district transfers, etc. were not incorporated. The District Recruitment Board Rules were not applied. Even though these seniority lists were not challenged upto 2006, thereafter several representations were received for reviewing it based on the District Recruitment Board Rules and accordingly the provisional lists were issued. The principles stated by the Apex Court in Sudhakaran's case (2006 (2) KLT 817 (SC)), are therefore to be applied. wpc 4643 & 10475 of 2010 14 Therefore, the seniority of transferred L.D. Clerks (inter-district transferees) can be counted only from the date of joining in the transferred station, excluding the previous service. It is pointed out that the promotions effected being provisional, there is no embargo in reviewing the seniority list. Contentions based on Sudhakaran's case (2006 (2) KLT 817 SC)) have been taken by respondents 3 and 4 in their counter affidavit. 13. Shri K. Jaju Babu, learned counsel appearing for respondents 3 and 4 submitted that the legal position declared by the Apex Court in Sudhakaran's case (2006 (2) KLT 817 - SC), has been applied by the