GEETHA V.M. Vs. RETHNASENAN K

JUDGEMENT

(1.) The present appeals have been filed impugning the order passed by High Court of Kerala at Ernakulam on 13/3/2019 in W.A. Nos. 1418, 1525, 1527 and 1652 of 2010, reversing the judgments dtd. 29/6/2010 and 30/6/2010 passed by learned Single Judge in W.P. (C) Nos. 4599, 12381 and 14091 of 2010 and W.P. (C) No. 20269 of 2010 respectively.

(2.) Appellants herein are the employees who were working in the Directorate of Health Services (the "DHS"), later absorbed on furnishing option as demanded, in the Directorate of Medical Education (the "DME") on account of abolition of dual control system of the staff in medical colleges under the policy decision of the State of Kerala. The rival claims of inter-se seniority between the original employees of DME (hereinafter referred as 'original employees') and absorbed employees from DHS in the respective categories of DME (hereinafter referred to as 'absorbed employees') made by both were decided by the order impugned.

(3.) Writ Petition No. 4599/2010 was filed by the absorbed employees contending that they are entitled to retain their existing seniority even on absorption in the DME in terms of Rule 8 of Appendix I of the G.O. (P) No. 548/2008/H&FWD dtd. 25/10/2008. Since the inter-se seniority of the absorbed employees was yet to be finalized, during the pendency of the said Writ Petition, promotions made to the post of Junior Superintendent and Upper Division Clerks in the DME were cancelled.