IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 RP.No. 955 of 2010() -------------------- (AGAINST JUDGMENT IN W.P.(C) NO.5031/2010) REVIEW PETITIONERS/PETITIONERS: ---------------------- 1. USHAKUMARI.K.T., W/O.BABURAJ, RESIDING AT SREEVALSAM, IRIVALLUR P.O., CHELANNUR, KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 2. BABY SHYLAJA KUNIYIL, W/O.P.LOHITHAKSHAN, RESIDING AT PANOTH HOUSE, MALAPARAMBA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 3. BEENA.P., W/O.RAVEENDRAN M.P., RESIDING AT MELEPARIKKATT HOUSE, MADAVOOR P.O., NARIKKUNI VIA, KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 4. BINDU.K., W/O.V.P.RADHAKRISHNAN, RESIDENT OF KALATHIL HOUSE, CIVIL STATION P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 5. JAYASREE C., W/O.SIVADASAN.K., RESIDING AT SIVASREE, KALOLIPADINILAM, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 6. REEJA V., W/O.KRISHNAN.A., RESIDING AT AMBALI HOUSE, KOLATHARA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 7. SHEEBA.K., W/O.DAYANANDAN, RESIDING AT SIVADAM, NEAR SOUTH MALABAR GRAMIN BANK, THIRUVANGOOR P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFICE, KOZHIKODE. 8. BINDU.M., W/O.A.RAMANATHAN, RESIDING AT ANDISSERY HOUSE, KOLAKKATTUCHALI P.O., MALAPPURAM, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 9. ANITHAKUMARI.K.M., W/O.KRISHNADASAN, RESIDING AT ANJALI, BALUSSERY P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 10. REMA ARK, W/O.T.P.MOHANAN, RESIDING AT PROMOD NIVAS, THEVAPARAMBIL HOUSE, KOLATHARA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 11. SUHASINI K., D/O.BALAKRISHNAN NAIR, BHAGAVATH KRIPA, EDAKKAD, KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 12. PANKAJA O.K., W/O.SAJITH.P., RESIDING AT QUARTER NO.B-18, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 13. SOBHANA V., W/O.SANTHOSHKUMAR, RESIDING AT QUARTER NO.C32, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 14. REENA.P., W/O.VENUGOPALAN, RESIDING AT KOLLAMPATH HOUSE, PANNIYANKARA, KALLAI, KOZHIKODE, NOW WORKING AS ASSISTGANT PASSPORT OFFICE, KOZHIKODE. 15. SREELATHA.K., W/O.KRISHNADAS, ELAYEDATH HOUSE, VENGERI P.O., KOZHIKODE NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 16. MINI.P., W/O.SIVADASAN.K., `RESIDING AT QUARTER NO.C 33, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 17. VIJAYAN.K., S/O.RAGHAVAN NAIR, RESIDING AT KODIYOTH HOUSE, NANMINDA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 18. GEETHAMANI T.P., W/O.KRISHNAN UNNI, RESIDING AT VIGNESH, PILASSERY, EDAKKAD P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 19. VENUGOPAL E.M., W/O.E.M.NARAYANAN NAIR, RESIDING AT EDAVANA MEETHAL HOUSE, NUT STREET P.O., VADAKARA, KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. BY ADV. SRI.K.RAMAKUMAR (SENIOR) SRI.P.RAMAKRISHNAN RESPONDENTS/RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE JOINT SECRETARY (CPV) AND THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 2. THE UNDER SECRETARY (PV), MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. N.K.BEENA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SAROVARAM, P.O.MADAPPALLY COLLEGE, KOZHIKODE. 4. N.GEETHA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SIVAGEETH, KAKOLANGARA, EDAKKAD, KOZHIKODE. 5. C.P.REMA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SREE PADAM, CHELANUR P.O., KOZHIKODE. 6. K.R.REENA, UPPER DIVISION CLERK, PASSPORT OFFICE, ERNAKULAM. 7. N.M.SUHARA BEEVI, UPPER DIVISION CLERK, PASSPORT OFFICE, ERNAKULAM. 8. K.M.PONNU, L.D.CLERK, PASSPORT OFFICE, ERNAKULAM. 9. T.LALITHA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 10. K.S.SINDHU, UPPER DIVISION CLERK, PASSPORT OFFICE, THIRUVANANTHAPURAM. 11. S.JAYA, UPPER DIVISION CLERK, PASSPROT OFFICE, MALAPPURAM. 12. P.T.RAJAGOPAL, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 13. K.UNNIKRISHNAN, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 14. N.GIRIJA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 15. P.V.VINODHINI, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 16. P.SIVARANI, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 17. P.REMADEVI, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE. 18. KOCHURANI K.V., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 19. SOBHANA VARGHESE, ASSISTANT REGIONAL PASSPORT OFFICE, KOCHI. 20. MINI PAUL, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 21. PREETHA P.A., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 22. DAISY PAULOSE, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 23. JYOTHIRMAYI.V.S., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 24. REMA BABU, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 25. SHEEBA.K.R., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 26. LATHA.A.S., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 27. OMANA PRADEEP, ASSISTANT REGIONAL PASSPORT OFFICE, KOCHI. 28. C.P.SUHASINI, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 29. SANU.K.PAUL, ASSISTANT, REGIIONAL PASSPORT OFFICE, KOCHI. 30. JIJI ROBY, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 31. BINDU.K.C., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 32. SHEEBA REGHU, ASSISTANT REGIONAL PASSPORT OFFICE, KOCHI. 33. ANNIE ALEX, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 34. SOBHA AJAYAKUMAR, ASSISTANT, REGIOAL PASSPORT OFFICE, KOCHI. 35. BEENA SOMASEKHARAN, ASSISTANT REGIONAL PASSPORT OFFICE, KOCHI. 36. S.AJITHKUMAR, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 37. SHIBU JOHN, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 38. ANI SHIBU, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-2 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... R.P. No.955 of 2010 in W.P.(C) No.5031 of 2010 .................................................................... Dated this the 22nd day of October, 2010. ORDER Ramachandran Nair, J. Review Petition is filed by petitioners in the W.P.(C) whose challenge against the order of the C.A.T. was turned down by us. The petitioners and certain other persons were entitled to write the departmental examination for promotion from the post of U.D.C. to Assistant in the Passport Office. However, by virtue of certain norms adopted by the department about qualifying service, some others were not allowed to write the examination for want of qualifying service, whereas petitioners were allowed to write the examination. Out of the several denied to write the examination, some of them approached the Tribunal for a declaration that they had the qualifying service to write the very same examination which was written by the petitioners and the Tribunal held in their favour which is confirmed by Division Bench judgment of this court. Even though petitioners were allowed to write R.P. No.955/2010 2 the examination and they got promoted, the Tribunal ordered holding of another examination for those who were wrongly denied permission to write the examination along with the petitioners. In order to correct the mistake committed by the department, Tribunal directed not only holding of supplementary examination but recasting of seniority list after results of supplementary examination were obtained. 2. The case of the petitioners before this court was that the Tribunal should not have ordered re-adjustment of seniority list between two sets of people who wrote separate examination. However, we notice that certain eligible people equally placed like petitioners were denied opportunity to write the examination and that is the reason why they could not get included in the first rank list in which petitioners figure. In this view of the matter, we upheld the order of the Tribunal wherein Tribunal only ensured equal opportunity for equally placed persons for the purpose of promotion. 3. We have heard Senior counsel Sri.K.Ramkumar appearing for the petitioners. The Review Petition is filed by the petitioners by relying on judgment of the Supreme Court in SULOCHANA R.P. No.955/2010 3 CHANDRAKANT GALANDE VS. PUNE MUNICIPAL TRANSPORT reported in (2010) 8 SCC 467. According to counsel, parties who were not in litigation should not be allowed to get the benefit of judgment. We find that the decision of the Supreme Court is rendered not in the context of any service matter but is in respect of tenancy rights. In this case what we notice is that but for the denial of opportunity, all eligible persons with qualifying service would have written the examination together and a common rank list would have been prepared, in which case the petitioners could not raise any objection about the seniority list prepared based on the rank obtained in the examination. The petitioners' claim seems to be that those who are wrongly denied benefit of writing the examination inspite of the qualifying service they had like the petitioners, should be permanently barred from getting all the benefits that were legitimately due to them. We do not find any justification to deviate from the view taken by us. In our view, the judgment does not suffer from any mistake or error warranting correction in review proceeding. Consequently R.P. is dismissed. We make it clear that what we meant by the judgment is R.P. No.955/2010 4 that seniority list should be prepared by combining the examination results together and by following the normal norms and procedure adopted as if the examinations were held for all the candidates together. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms