IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26320 of 2007(G)
1. NISHAT T.S.,
... Petitioner
Vs
1. THE COMMISSIONER OF LAND REVENUE,
... Respondent
2. THE DEPARTMENTAL PROMOTION COMMITTEE
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :13/09/2007
O R D E R
K.S.RADHAKRISHNAN & A.K.BASHEER, JJ
-------------------
W.P.(C).Nos. 4731/07, 26320/07 & W.A.2199/07
--------------------
Dated this the 13th day of September, 2007
JUDGMENT
Radhakrishnan, J
Writ Appeal 2199/2007 is preferred against the
judgment in W.P.(C).24932/2007 directing the concerned
authorities to take steps to include the petitioners
therein in the list of approved probationers based on their
seniority. Appellants herein, included in the seniority list
of approved probationers, claim that they are eligible for
promotion as Tahsildars earlier than the respondents.
According to the appellants the writ petitioners cannot
have a march over them.
2. Commissioner, Land Revenue, has reported that
the Departmental Promotion Committee was convened on
5.9.2007. Petitioners’ names were also considered by that
Committee and the process for publication of the select
list is now in progress. The names of petitioners in W.P.
(C).24932/2007 were not considered by the Committee
since the collection of details in respect of those officials
from the District Collector’s could not be completed. It is
also submitted that there is no move to place the
W.P.(C)s.26230/07, 4731/07 &
W.A.2199/07 2
petitioners in W.P.(C).24932/2007 as seniors and to rank
them above the appellants
3. Appellants in W.A.2199/2007 are the
petitioners in W.P.(C).4731/2007, which has been
preferred seeking a writ of certiorari to quash Ext.P5
select list of Deputy Tahsildars for promotion as
Tahsildars and also for a writ of mandamus directing the
respondent to revise the seniority lists of H.C/R.I and
Deputy Tahsildars on the basis of the revised seniority
list of U.D.C/V.O.s to be finalized as directed in Ext.P4
order and also for other consequential reliefs.
According to the petitioners, the select list is issued
without waiting for the revised seniority list and if the
select list is prepared after the revised seniority list is
issued, they will also find a place in the select list. The
petitioners in W.P.(C).24932/2007 were not considered
for promotion by the departmental promotion committee.
4. Writ Petition 26320/2007 was preferred
seeking a writ of mandamus directing the second
respondent to include the name of the petitioner in the
list of approved probationers of Deputy Tahsildars and
W.P.(C)s.26230/07, 4731/07 &
W.A.2199/07 3
consider the petitioner for promotion to the post of
Tahsildar while considering the case of the petitioners
in Ext.P11 judgment in accordance with his seniority.
5. We find it unnecessary to interfere in these
matters at present. Considering the facts and
circumstances, we leave it to the appropriate authority
to consider their grievance in accordance with law.
K.S.RADHAKRISHNAN
Judge
A.K.BASHEER
Judge
mrcs