IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33024 of 2008(F) -------------------------- PETITIONER(S): --------------- JAIRAJ JOSEPH,S/O. JOSEPH, AGED 39 YEARS, SPECIAL VILLAGE OFFICER (SVO), MANJALOOR VILLAGE OFFICE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, RESIDING AT KODITHOPPIL HOUE, NEAR COURT JUNCTION MUTTOM P.O. VIA THODUPUZHA - 685587. BY ADV. SRI.THOMAS M.JACOB RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF 'REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, O/O.COMMISSIONARATE(LR), PUBLIC OFFICE BUILDING, MUSEUM P.O. THIRUVANANTHAPURAM 695033. BY GP SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33024/2008 -------------------- Dated this the 17th day of November, 2008 JUDGMENT Petitioner's grievance stems out of the fact that by Ext.P3, petitioner was informed that his objection against the fixation of seniority in the Land Revenue Department for the post of U.D.C/S.V.O has been considered and his seniority has been re-fixed in the manner prescribed therein. According to the petitioner, his contentions have not been correctly considered. This resulted in an erroneous fixation of seniority. He has therefore, filed Ext.P6 before the Land Revenue Commissioner. 2. In my view, if the petitioner is aggrieved by Ext.P3, his remedy is by way of an appeal as regards the fixation of seniority in the seniority list under Rule 27B of Part-II of K.S & S.S.R. If the petitioner files an appeal within one month from today, same shall be considered by the Government and Government shall take appropriate decision thereon without further W.P.(C).33024/2008 2 delay. It is made clear that de hors the right of the petitioner to prefer an appeal, he is entitled to be granted such benefits as are due to him on the basis of Ext.P3. This aspect shall be looked into by the Land Revenue Commissioner independently and appropriate action taken without delay. For this purpose, petitioner shall produce a copy of the judgment before the Commissioner, along with the copy of the writ petition. Writ petition is disposed of as above. V.GIRI, Judge mrcs