IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37978 of 2007(U)
1. ASOK KUMAR, SENIOR INSPECTOR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. REGISTRAR OF CO-OPERATIVE SOCIETIES
3. ADDITIONAL REGISTRAR OF
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :GOVERNMENT PLEADER
Dated :17/07/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 37978 of 2007
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Dated this the 17th day of July, 2008.
JUDGMENT
The petitioner is now working as Senior Inspector of Co-
operative Society. By Ext.P1 order dated 31.1.1996 he was
appointed as Junior Inspector on a provisional basis. The
petitioner is serial No.4 in Ext.P1. Subsequently by Ext.P3
order, the petitioner’s appointment as Junior Inspector was
regularised. The petitioner found that there are other persons
who are juniors to him in the cadre of U.D.Clerk apparently
appointed as Senior Inspector ahead of the petitioner and
subsequently they were promoted to still further post. In effect
the petitioner was superseded, according to him. He moved the
Government and by Ext.P7 order, the Government found that
persons who were juniors to the petitioner in the panel had been
appointed as Junior Inspectors ahead of the petitioner. The
petitioner must be regularised in service as Junior Inspector
atleast with effect from the date on which his juniors have been
promoted notionally. The petitioner is aggrieved that though
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Ext.P7 has been issued by the Government, it has not been
implemented so far. Ext.P8 representation is pending before the
Registrar of Co-operative Societies.
2. In a statement filed by the second respondent it is
contended that the post of Junior Inspector is an entry post
covered by the provisions of the Kerala Co-operative Subordinate
Service Rules 1962. Recruitment to the said post is in three
streams. One by direct recruitment – 40%, recruitment by
transfer from qualified UDC/UDT of the same department and
from any other service other than Kerala Ministerial Subordinate
service – 40% and recruitment by transfer from persons among
Gramasevaks -20%. The post of Junior Inspector of Co-operative
Societies which is filled up by transfer be treated as post of entry
in which case the petitioner is bound to complete the period of
probation therein. The petitioner is not entitled to regularisation
with reference to the date prior to the date on which he was
actually appointed. Reference is made in para 3 of the statement
that a communication issued by the Government which directs
that the petitioner’s seniority in the cadre of Junior Inspector
should be fixed with reference to the date on which his immediate
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junior in the cadre of U.D.Clerk was appointed as Junior Inspector
by transfer. In effect Ext.P7 is affirmed.
3. I heard learned counsel for the petitioner Sri.V.Philip
Mathew and the learned Government Pleader Sri.
P.Nandakumar. Since Ext.P7 directs that the petitioner should
be assigned seniority in the post of Junior Inspector with
reference to the date on which his immediate junior in the cadre
of U.D.Clerk, who was recruited by transfer to the post of Junior
Inspector was regularised, I think that substantial portion of the
grievance entertained by the petitioner is redressed. Apparently
the person who was immediately junior to the petitioner herein
in the cadre of U.D.Clerk is Sri. Nizamudeen and he is also the
beneficiary of Ext.P7 order. Obviously the effect of the direction
in Ext.P7 is that the petitioner and Nisamuddin would be entitled
to reckon their seniority in the post of Junior Inspector atleast
with reference to the date on which their junior in the cadre of
U.D.Clerk has been assigned seniority in the post of U.D.Clerk, if
it is found that any person juniors to the petitioner in the cadre
of U.D.Clerk has actually been assigned seniority in the post of
Junior Inspector ahead of the petitioner. To that extent Ext.P7 is
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to be implemented by the Director.
4. Ext.P8 representation is submitted by the petitioner
before the Registrar of Co-operative Societies and the Registrar is
required to implement Ext.P7 in the manner aforementioned.
5. In the result, the writ petition is disposed of directing the
second respondent to implement Ext.P7 and pass orders on
Ext.P8 in the said manner within two months from the date of
receipt of a copy of this judgment. There are other aspects
highlighted in Ext.P8. The second respondent shall consider the
same in the course of passing orders as mentioned above.
V. GIRI, JUDGE.
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