C. ANIL CHANDRAN Vs. M.K. RAGHAVAN

JUDGEMENT

(1.) Challenge in the present appeal is to the order in a Writ Appeal[1] passed by the Division Bench of the High Court[2] by which the judgment of the learned Single Judge passed in W.P. No. 36424 of 2005, was set aside.

(2.) Challenge in the W.P. filed by the appellant was to the order dtd. 14/3/2005, passed by the Chief Engineer, Irrigation and Administration, Thiruvananthapuram vide which the private respondents No. 1 to 4, 7 and 8 were given seniority from back date.

(3.) Learned senior counsel for the appellant submitted that the appellant was appointed as Overseer Grade-III in the Irrigation Department vide G.O. (Rt.) No. 276/89/Co-op dtd. 16/6/1989, on compassionate basis. As the appellant was an Engineering Graduate, he represented to the Government for appointment as Assistant Engineer (Mechanical). His representation was rejected. O.P. No. 7647 of 1991 was filed praying for setting aside of the order of rejection of his representation with a further prayer that he should be appointed as Assistant Engineer with retrospective effect, from the date he was appointed as Overseer Grade-III. Vide judgment dtd. 2/7/1992, the High Court directed the respondents therein to appoint the appellant as Assistant Engineer instead of Overseer Grade-III from the date he is appointed on that post. The aforesaid judgment of the learned Single Judge of the High Court was challenged by the State by filing an intra-court appeal[3]. The same was disposed of on 3/9/1994, directing the Government to appoint the appellant as Assistant Engineer against the existing vacancy or on the next arising vacancy. He further directed that the appellant was to be given seniority in the cadre of Assistant Engineer from the date of his appointment as such. In compliance to the aforesaid judgment of the High Court, the appellant was appointed as Assistant Engineer (Mechanical) in the Irrigation Department vide G.O. (M.S.) No. 31/95/Co-op dtd. 1/3/1995.