IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 622 of 2003()
1. R.AUSTIN,
... Petitioner
2. E.AYYAPPAN,
3. K.P.SURESH KUMAR,
4. S.PUSHPA RAJAN,
5. P.S.VIJAYALAKSHMI,
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
3. K.SUNIL KUMAR,
4. P.C.THANKAPPAN,
5. G.SREEKALA,
6. SANDHYA M.S.
7. T.K.HARIDAS,
8. K.N.CHANDRAN,
9. S.PAVITHRAN,
10. M.RAMACHANDRAN,
11. HARIKUMAR,
12. CHANDRALATHA,
For Petitioner :SMT.V.P.SEEMANDINI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/09/2007
O R D E R
K.S.RADHAKRISHNAN & A.K.BASHEER, JJ.
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W.A.Nos.622/03,521/03, 1113/06 & O.P.No.9179/03
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Dated this the 11th day of September, 2007
JUDGMENT
Radhakrishnan, J
Writ appeal 622/03 arise out of judgment in O.P.574/95
which was filed seeking a writ of certiorari to quash Exts.P10
and P11 orders and also for a writ of mandamus directing
respondents 1 and 2 not to grant seniority to the respondents
3 to 12 over the petitioners in the cadre of District Education
and Media Officer. Learned Single Judge disposed of the
matter holding that as far as the post of District Education
and Media Officer held by the petitioners in O.P.18128/94 and
O.P.574/97 are concerned, they will be entitled to retain the
seniority based on the date in which they were promoted to
that post and there cannot be any dispute on re-designation of
the petitioner in O.P.22682/97 and similarly situated special
recruits in 1990 as District Education and Media Officers.
With regard to seniority, the contention is that as on the date
W.A.Nos.622/03,521/03, 1113/06
& O.P.No.9179/03
:: 2 ::
of advice of the special recruits, they were drawing a lesser
pay than the District Education and media Officer. Making
these observations, Learned Single Judge left open the
question of seniority and held that that will be decided with
notice to all the parties by the appropriate authority.
2. Learned senior counsel appearing for the appellant
laid specific reference to paragraph 13 of the counter filed by
the first respondent wherein it is stated that rules for fixing
the interse seniority has not been issued in G.O.(MS)
407/94/H&FWD dated 28.11.1994. The 2nd respondent is the
appointing authority of the post of District Education Media
Office, but rules for fixing seniority has not been issued so far.
3. We are of the view that the question of seniority has
to be determined by the department in accordance with law.
In such circumstances, Ext.P10 order is sustained and we
leave the matter to the Government/first respondent to
determine the seniority in accordance with law, after giving
W.A.Nos.622/03,521/03, 1113/06
& O.P.No.9179/03
:: 3 ::
opportunity of hearing to the concerned parties, untrammeled
by the observations contained in the judgment of the learned
Single Judge.
Writ appeals and Original petition are disposed of as
above.
K.S.RADHAKRISHNAN, JUDGE
A.K.BASHEER, JUDGE
jes