NAZARUDEEN A Vs. STATE OF KERALA

JUDGEMENT

(1.) IN both the writ petitions the inter-se seniority of Lower Division Clerks in Technical Education Department which was reviewed as per Ext.P29 produced in W.P.(C) No.4643/2010, is under challenge in these writ petitions.

(2.) IN W.P.(C) No.4643/2010, the petitioners, five in numbers, claim that they are having long settled seniority in the post of L.D.C./U.D.C. which was never challenged by any process known to law by anybody. The service particulars of the petitioners are detailed in paragraphs 1 to 6, which are as follows: First petitioner: He was advised by the Public Service Commission on 8.8.1990 for appointment as L.D. Clerk, was appointed on 24.8.1990 as per Ext.P1 and joined service on 6.9.1990. His probation was declared on 6.9.1992. His initial appointment was in Engineering College, Kannur, from where he was transferred on 6.8.1991 to Women's Polytechnic, Kozhikode. Later, by order dated 7.10.1996 he was transferred and posted to the Directorate of Technical Education as per Ext.P1(a). He was promoted as U.D. Clerk with effect from 3.12.1995 along with certain others, as per Ext.P1(b). This date was subsequently revised as 28.11.1995. By Ext.P1(c) order dated 5.12.2007, 15 U.D. Clerks were promoted as Head Clerks and the first petitioner is serial No.9 therein. Second petitioner: He was advised by letter dated 1.12.1990 and by Ext.P2 order dated 15.12.1990 he was posted at Technical High School, Manjeri. He joined service on 24.12.1990. He was transferred by order dated 27.12.1995 to the Directorate of Technical Education on his request, by Ext.P2(a). By Ext.P2(b) dated 20.8.1999 he was promoted as U.D. Clerk with effect from 18.12.1996 and on completion of 8 years service in the post of U.D. Clerk, he was granted higher grade with effect from 18.12.2004. Third petitioner: He was advised by letter dated 1.12.1990 and was appointed as per Ext.P2 order dated 15.12.1990 and was posted at Technical High School, Nannamukku. He joined service on 1.1.1991, was transferred as per Ext.P3 order dated 11.11.1994 to the Directorate of Technical Education. He was promoted as U.D. Clerk with effect from 18.12.1996 as per order dated 29.12.1998 with effect from 18.12.1996. He was granted higher grade with effect from 21.12.2004. Fourth petitioner: He was advised by letter dated 18.1.1991 and was appointed at Technical High School, Krishnapuram by Ext.P4 order dated 26.2.1991. He joined service on 13.3.1991, was transferred by order dated 23.5.1996 and posted at Government Polytechnic, Neyyattinkara and joined there on 25.5.1996. He was promoted as U.D. Clerk by Ext.P1(b) order dated 29.12.1998, with effect from 1.4.1997. On completion of 8 years of service as U.D. Clerk, he was granted higher grade with effect from 2.1.2005. Fifth petitioner: He was advised by letter dated 27.10.1993; was appointed at Technical High School, Nannamukku as per Ext.P5 order dated 19.11.1993. He joined service on 4.12.1993, was transferred as per order dated 2.1.1999 to the Directorate of Technical Education as per Ext.P5(a) order. He joined there on 14.1.1999 and was promoted as U.D.Clerk as per Ext.P5(b) order dated 7.7.2000, with effect from 10.8.1999.

(3.) EXTS.P13 and P13(a) respectively are the circular dated 26.4.2008 and the relevant extract of the seniority list published along with the same styled as review seniority list of ministerial staff in the category of L.D. Clerks/U.D. Typistseligible for promotion/inter-changeability as U.D. Clerks on or after 19.9.1980, on the basis of District-wise Recruitment Rules. Therein, the petitioners are assigned seniority at two places, viz. first petitioner at serial Nos.398 and 512, second petitioner at serial Nos.369 and 478, third petitioner at serial Nos.368 and 453, fourth petitioner at serial Nos.372 and 491 and the fifth petitioner at serial Nos.444 and 567. The fourth respondent is at serial No.399 in the said list. The petitioners have filed objections as per Ext.P14.