STEPHEN T. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions have been filed challenging the common order dated 14.1.2019 in OA (EKM) No.732/2015 and OA No.1680/2015 on the files of the Kerala Administrative Tribunal. The petitioners were the applicants before the Tribunal. The facts may be briefly noticed:-

(2.) While the petitioners were working as radiographers under the health services Department, the Government of Kerala decided to merge the cadre of X-ray technicians under the same department with the said cadre of radiographers. The dispute relates to seniority in the merged cadre. For the sake of clarity, the documents referred to in this judgement are as they are marked in OA (EKM) No.732/2015.

(3.) O.A. (EKM) No.732/2015 was filed challenging the decision of the Government of Kerala as reflected in Annexure A-10 Government order dated 18-05-2015 & A-11 Government Order dated 23-05-2016 through which it was decided that seniority in the merged cadre of Radiographers and X-Ray Technicians would be determined with reference to Rules 27 (a) and 27 (c) of Part-II of Kerala State and Subordinate Service Rules. The Technicians contend that this decision of the Government is contrary to the assurance granted to them through A-4 Government order dated 07-12-2010, issued at the time of integration of the two cadres, providing that the promotion prospects of the Radiographers will not be affected by the merger of the two cadres. A-4 order dated 07-12-2010 was followed by the preparation of A-9 seniority list of the merged cadre wherein the erstwhile X-Ray Technicians who were merged into the cadre of Radiographers were ranked en-bloc below the Radiographers. This seniority list appears to have been subsequently cancelled by the Government holding that seniority in the merged cadre of Radiographers and X-Ray Technicians should be determined with reference to Rules 27 (a) and 27 (c) of Part-II of Kerala State and Subordinate Service Rules. OA No.1680/2015 was filed challenging a Government Order dated 14-09-2015 through which it was held that on the Government having decided to cancel the seniority list (A-9 in O.A (Ekm) 732/2015) the grievance of the erstwhile x-ray Technicians had been redressed. The original applications have been dismissed and we are called upon to examine the correctness of the order passed by the Tribunal.