K A ABDUL MAJEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal by special leave is against the judgment of the Division Bench of the High Court of Kerala in Writ Appeal No. 1308 of 1998. The writ petition filed by the appellant was dismissed by the learned single Judge, which was affirmed in appeal.

(3.) The following facts are not disputed. On 16-2-1981, an advertisement was issued by the Greater Cochin Development Authority (for short 'the GCDA'), respondent No.3 calling for applications from the last Grade Servants of the GCDA for the post of Lower Division Typist. The appellant, who fulfilled the qualifications specified in the advertisement, was appointed on 27-3-1981 after proper selection. Subsequently, he completed the period of probation satisfactorily in the said post. On 2- 7-1983, the appellant was promoted to the post of Upper Division Typist and was placed on probation for two years. He completed satisfactorily the said period of probation also. Respondents Nos. 4,5 and 6 were appointed as Lower Division Typist on 20-9-1984, 23-2-1985 and 15-7-1985 respectively. On 1-1-1987 a provisional seniority list was published in which the appellant was placed on the top of the list whereas respondent No.4 was placed at position No.2 in the said list. Respondent No.4 filed a representation claiming seniority over respondent No.1 on the ground that appointment of appellant as Lower Division Typist was illegal, as on the date of his appointment he was not qualified for the post. On 7 -1-1988 impugned final seniority list was published by the respondent No.3, wherein appellant was shown junior to respondents Nos. 4, 5 and 6. This list was challenged by the appellant by filing a Writ Petition which was dismissed and so also the writ appeal. That is how the parties are before us in this appeal.