IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1373 of 2010()
1. M.REMADEVI, AGED 48,
... Petitioner
Vs
1. THE SECRETARY TO GOVERNMENT,
... Respondent
2. THE COMMISSIONER OF COMMERCIAL TAXES,
3. THE JOINT COMMISSIONER OF COMMERCIAL
4. THE DEPUTY COMMISSIONER OF COMMERCIAL
5. SHRI M.K.VENU, COMMERCIAL TAX INSPECTOR,
6. SMT.A.LALITHA, COMMERCIAL TAX INSPECTOR,
7. SMT.P.T.GEETHA, COMMERCIAL TAX INSPECTOR
8. SMT.M.USHAKUMARI,
9. SHRI S.SUNILKUMAR, UPPER DIVISION CLERK,
10. SMT.M.K.SREELATHA, UPPER DIVISION CLERK,
11. SMT.C.M.SUMATHI,UPPER DIVISION CLERK,
12. SHRI P.S.SURESH BABU,
13. SMT.C.S.ASHA, UPPER DIVISION CLERK,
14. SHRI C.SIVADASAN, UPPER DIVISION CLERK,
15. SHRI K.J.JOY, UPPER DIVISION CLERK,
16. SHRI T.U.CHACKO, UPPER DIVISION CLERK,
17. SHRI P.SURENDRAN, UPPER DIVISION CLERK,
18. SHRI P.E.SAJI, UPPER DIVISION CLERK,
19. SMT.K.SUJATHA, UPPER DIVISION CLERK,
20. SHRI D.RAVI, UPPER DIVISION CLERK,
21. SHRI P.A.PRADEEPKUMAR,
22. SHRI V.ANIL, UPPER DIVISION CLERK,
23. SMT.M.P.RADHA, UPPER DIVISION CLERK,
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/08/2010
O R D E R
J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J.
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W.A.No.1373 of 2010
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Dated this the 12th day of August, 2010
J U D G M E N T
Ravindran, J.
The appellant is the unsuccessful petitioner in W.P.(C)
No.23802 of 2010. The writ petition was filed challenging Ext.P5
final seniority list of Upper Division Clerks in the Commercial
Taxes Department. The learned Single Judge held that the
petitioner has an effective alternate remedy under Rule 27(B) of
Part II of the K.S. & S.S.R. Accordingly, the writ petition was
dismissed.
2. The appellant entered service as L.D.Typist. In
course of time, she was promoted as U.D.Typist by Ext.P3 order
dated 6.3.2008. Still later, by Ext.P6 order dated 9.4.2010, she
was temporarily promoted as Commercial Taxes Inspector. At
that point of time, the final seniority list of UD Typists/UD Clerks
in the Commercial Taxes Department had not been prepared,
but a provisional seniority list evidenced by Ext.P4 was in force.
W.A.No.1373/2010
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It was based on the seniority in that list that the petitioner was
temporarily promoted.
3. In Ext.P4 provisional seniority list, the petitioner
was ranked as Sl.No.86. It appears some of her colleagues in
the same department objected to the rank and seniority
assigned to her. When the seniority list was finalised by Ext.P5,
the aforesaid objections were accepted and the petitioner was
ranked as Sl.No.200. The instant writ petition was thereupon
filed.
4. When the writ appeal came up for hearing today in
the forenoon session, the learned Government Pleader was
directed to get instructions as to whether pursuant to the
publication of the final seniority list, an order of reversion has
been issued. When the writ appeal was taken up in the post
lunch session, the learned Government Pleader made available
to us a copy of the order dated 5.8.2006 issued by the Joint
Commissioner of Commercial Taxes, Trivandrum, by which the
W.A.No.1373/2010
3
appellant was reverted to the category of U.D. Clerk with
immediate effect and was allotted to Deputy Commissioner,
Palakkad for suitable posting.
5. It is evident from the pleadings and the materials
on record that the appellant is aggrieved by the rank and
seniority assigned to her in Ext.P5 seniority list, as a result of
which she is now faced with an order of reversion. As rightly
held by the learned single Judge, Rule 27(B) of Part II of K.S.
& S.S.R entitles the petitioner to move the Government seeking
redressal of that grievance and the Government are also
empowered under the said rules to look into the said grievance
and to set right to the injustice, if any, caused to the appellant.
The period of limitation prescribed is within 6 months from the
date of publication of the final seniority list. In the instant case,
the final seniority list was published recently only on 20.7.2010.
The period of limitation is not yet over. Further, the rank and
seniority which the appellant is entitled to be given, can be
W.A.No.1373/2010
4
decided only after considering the objections raised by various
parties. It is evident from the order dated 5.8.2010 that the
Joint Commissioner of Commercial Taxes has ordered reversion
of the petitioner to the category of U.D.Clerk. At that point of
time, the petitioner was working provisionally as Commercial
Tax Inspector. By the order dated 5.8.2010, a substitute has
not been appointed in her place. In such circumstances, we are
of the considered opinion that status quo as on today should be
maintained for a period of two months from today, in order to
enable the appellant to move the Government seeking redressal
of her grievance. We accordingly dispose of the writ appeal
with the following directions.
The appellant shall, within a period of two weeks from
today, file an appropriate representation before the State
Government in terms of Rule 27(B) of Part II of K.S. & S.S.R.
The Government shall on receipt of the said representation issue
notice to the persons who will be affected by the outcome of the
W.A.No.1373/2010
5
representation, furnish them with copies of the representation,
hear the appellant as well as the said persons and take an
appropriate decision, as expeditiously as possible, and at any
rate, within period of six weeks from the date of receipt of the
representation. Until such time, the status quo as on today in so
far as it relates to the appellant shall be maintained. The
contentions raised by the appellant on the merits are kept open.
J.CHELAMESWAR,
Chief Justice
P.N.RAVINDRAN,
Judge.
nj.