Case: P. Chitharanja Menon &amp; Ors Vs. A. Balakrishnan &amp; Ors

The respondents herein filed the writ petition for the issue of the Writ of Certiorari calling for records relating to Ex. P-10, GO Rt. No. 338 6/69/DD dated 23rd October, 1969, Ex. P12 and Ex. P15 and quash the same and to issue a writ of mandamus directing the respondents 1 and 2 who are the State of Kerala represented by the Chief Secretary, Government of Kerala, and the Director of Panchayats to forbear the implementation of Ex. P12 and further direct them to implement Ex. P-8 grading-3 list or in the, alternative to issue a writ of mandamus directing the State of Kerala to consider and dispose of Ex. P13 and similar representations by respondents 3 and 4 on merits. It was also prayed that a writ of certiorari quashing Ex. P17 in so far as it related to the petitioners and respondents 3 to 18 in the writ petition be issued and also to issue a writ of mandamus compelling the respondents 1 and 2, State of Kerala and the Director of Panchayats, to assign the writ petitioners the appropriate ranks in the cadre of Executive Officers in the Panchayat Services. The High Court allowed the writ petition and set aside the list Ex. P17, the order Ex. P12 and the order Ex. P15 dismissing the appeal petition Ex. P14and directed that a fresh list be prepared in accordance with the principles laid down in Ex. P16 in the light of the judgment of the High Court. Aggrieved by the decision of the High Court the appellants have preferred this appeal.

Reasoning:
We have already pointed out that these appointments were made before 31st December, 1961, and as such the respondents cannot have any claim. The appointments of the appellants and other Panchayat Executive Officers were made before 31st December, 1961, and as the integration was to take effect from 1st January, 1962, they cannot have any grievance. Further, it will be seen from 6.0. MS.97/67/A &RDD dated 18th March, 1967, which refers to absorption of various categories of staff of the defunct Malabar District Board in the Department of Local Bodies, it is stated in Paragraph 3 that while 9 U.D. Clerks will be equated to the posts of Panchayat Executive Officers, 2nd Grade, 21 Lower Division Clerks and 8 Revenue Inspectors and 4 clerical attenders will be equated to the posts of the Panchayat Executive Officers 3rd grade. It is stated that respondents 1 to 4 come under this category and are only 3rd Grade Executive Officers. It will thus be seen that the respondents were not equated with the appellants and other Panchayat Executive Officers when they were integrated from the District Board service.The persons similarly situated as the respondents herein who were integrated from the District Board services filed writ petitions before the High Court impleading the present appellants challenging the gradation and failed in their attempt. The earliest petition is in O.P. No. 1431 of 1970. Justice Isaac who heard the petition observed that the petitioners came in the integrated service as 3rd Grade Executive -Officers and were promoted to 2nd Grade with effect from 6th February, 1968, while respondents 3 to 10 (some of whom are appellants before us) have been promoted as early as 16th February , 1962, as 1st grade officers. The learned Judge further observed, "Even ignoring this, respondents 3 to 10 were I Grade Executive Officers from 16-2-1962, while the Petitioner has become even II Grade Executive Officer only with effect from 6-2-1966." As the petitioner before the learned Judge was holding a post much inferior to the posts held by respondents 3 to 10 from 1st February, 1962, onwards, he dismissed the petition being devoid of any merit on 24th May, 1972.. Another writ petition No. O.P. No. 6423 filed by one of the persons integrated from the District Board Services, against the present appellants and others was also dismissed by Justice Isaac on 27th June, 1973. A writ appeal filed against the order of Justice Isaac in O.P. No- 1431 of 1970 was summarily dismissed by the Bench of the Kerala Highthe earlier judgments were all decided against the respondents, the Kerala High Court in the judgment under appeal took a different view. The decision under appeal proceeds on the basis that a regrettable mistake crept into the judgment in O.P. No. 1431 of 1970 and the earlier decision proceeded on the basis that there was a III Grade mentioned in G.O. 814 dated 17th November, 1962. The High Court was of the view that there was a III Grade under the G.O. above referred to the earlier decision missed the fact that these Grades were not applicable on 1st January, 1962. Though G.O. 814 of 1962 was , not placed before us we are not sure whether there was any mistake in the earlier judgment for the G.O. MS 97/67 dated 18th March, 1967, refers to persons being transferred from the Malabar District Board as Panchayat Executive Officers III Grade. Be that as it may we are satisfied that the respondents are not entitled to the reliefs prayed for by them in the writ petitions. As the appellants were promoted to a higher post before the respondents were integrated into the Government service on 1st January, 1962. Further throughout the appellants have been treated as occupying a higher post and respondents much lower post. Though the promotion of the appellants was before 1st January, 1962, and was confirmed by various orders of the Government the respondents herein did not choose to challenge the orders till the year, 1974.