IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18678 of 2010(H) -------------------------- PETITIONER(S): --------------- N. SARAVANAN, S/O. NATARAJAN, AGED 34 YEARS, PART TIME SWEEPER, ITDP, ATTAPPADI, PALAKKAD. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT SECRETARIAT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, RURAL DEVELOPMENT COMMISSIONER'S OFFICE, THIRUVANANTHAPURAM. 3. THE PROJECT OFFICER, I.T.D.P, ATTAPPADI, PALAKKAD. BY G.P.SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18678 of 2010 (H) --------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T The petitioner submits that he initially joined service as a Part Time Sweeper in 1996. Thereafter he was appointed as a Full Time Sweeper, but was reverted later. While so, he was terminated from service with effect from 07/09/2002. Termination was the subject matter of O.P.No.24550/2002. Again in another original petition, namely, O.P.No.30058/2002, this Court permitted the petitioner to make a representation seeking reinstatement. 2. Accordingly, the petitioner submitted representation, which resulted in Ext.P6 order dated 10/03/2008. By this order, treating the petitioner's case as a special one, the petitioner was appointed afresh. Accordingly, the petitioner joined service and is continuing in service on that basis. While so, by Exts.P7 & P8, certain persons were promoted as Cooks, and what the petitioner now contends is that in effecting promotion to the posts of Cook, persons who joined service after 1996 have been given promotion, and that his seniority has been overlooked. He now says that for all purposes his seniority is wrongly counted only from the date of Ext.P6 and that he is entitled to be given seniority with effect from WP(C) No.18678/2010 -2- 1996, when he initially joined service. It is with this grievance, the writ petition has been filed. A reading of Ext.P6 shows that pursuant to the directions of this Court in O.P.No.35008/2002, the petitioner submitted a representation for reinstatement. Considering his representation, by Ext.P6 order, he was appointed afresh. This order was issued in March, 2008. The petitioner accepted this order, joined service and is continuing as such. The terms of Ext.P6 are clear that his service starts afresh and if so, he can have claim for seniority only from the date of joining service pursuant to Ext.P6 and has no claim for seniority from 1996, when he initially joined the post. The persons promoted by Exts.P7 & P8 are those who have joined service after 1996 but before 2008, when Ext.P6 was issued. Therefore, admittedly, those promoted by Exts.P7 & P8 are seniors to the petitioner. Therefore, the petitioner's claim for seniority can only on joining the service based on Ext.P6 order and also for the reason that those promoted are seniors to the petitioner, the writ petition is only to be dismissed. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg