IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 116 of 2011()
1. STATE OF KERALA
... Petitioner
Vs
1. REV.DEPT.STAFF WELFARE ASSOCIATION
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :27/01/2011
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.A.No. 116 OF 2011
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th day of January, 2011
JUDGMENT
J.Chelameswar, C.J.
This appeal is preferred by the State aggrieved by
an order in I.A. No.922 of 2011 in W.P.(C) No.1364 of 2011
dated 19.01.2011.
2. Heard Sri.Benny Gervasis, the learned Senior
Government Pleader appearing on behalf of the appellants and
Sri.P.Chandrasekhar, the learned counsel appearing on behalf
of sole respondent.
3. The abovementioned writ petition is filed
challenging Ext.P12 Government Order, G.O.(Rt)
No.4630/2010/RD dated 14.10.2010. By the said order, the
Government withdrew the orders issued vide G.O.(Rt)
No.3847/2009/RD dated 20.10.2009. Ultimately the issue is
regarding the seniority of the employees of the Revenue
Department of the State of Kerala in various categories who
WA No. 116 of 2011
-:2:-
were transferred on their own request from one district to
another district. The policy of the Government varied in this
regard from time to time creating enough confusion and
litigation. Initially when W.P.(C) No.1364 of 2011 is filed, by
an interim order dated 14.01.2011, this Court stayed all
further proceedings pursuant to the impugned order(Ext.P12).
Subsequently the State filed I.A. No.922 of 2011 praying that
the interim order be vacated. By the order under appeal, the
learned Judge dismissed the said I.A. Hence the appeal.
4. In the background of the abovementioned facts,
we do not see any reason to interfere with the interim order.
We deem it appropriate to dispose of the appeal with a limited
relief to the appellants that the appellants may proceed with
the preparation of the seniority list pursuant to the impugned
order in the Writ Petition(Ext.P12), but at the same time shall
not take any consequential action based on such seniority list
to be prepared. The Writ Appeal is accordingly disposed of at
the admission stage.
WA No. 116 of 2011
-:3:-
The learned counsel appearing on both sides agreed
that in view of the nature of the dispute and the number of
persons effected by the dispute, the writ petition itself be
heard at an early date. Registry is therefore directed to list
W.P.(C) No.1364 of 2011 along with W.P.(C) No.8123 of 2010
and connected cases before appropriate Bench on 22.02.2011.
J.Chelameswar,
Chief Justice.
P.R.Ramachandra Menon,
Judge.
ttb