GEETHAKUMARY S Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is working as an Agricultural Officer. She was advised by the Kerala Public Service Commission to that post by advice dated 1.10.1988. But she applied to the Government for extension of joining time for undergoing post graduate course in Agriculture. After availing of the extension of time to join duty, the petitioner joined duty on 19.4.1989. Subsequently, in 1992, Ext.P3 seniority list of Agricultural Officers was duly published. According to the petitioner, she was not aware of that seniority list. She would contend that she became aware of the same only when Ext.P9 was issued on 9.2.2010. As per Ext.P3, the petitioner's seniority was counted from 19.4.1989 when she joined duty. She claims that, she ought to have been given seniority on the basis of the first effective date of advice as per Rule 27(c) of the Kerala State & Subordinate Services Rules. THE petitioner filed a representation in that regard and obtained Ext.P8 judgment dated 16.10.2009 for consideration of the same. Pursuant to the same, Ext.P9 order has been passed by the Government rejecting the claim of the petitioner holding that since the petitioner had availed of extension of time to join duty beyond three months and the post graduate degree for obtaining which she had obtained extension of time to join duty was not an essential qualification prescribed for the post to which the petitioner was advised, she is entitled to seniority only on the basis of the date of joining duty and not on the basis of the first effective advice. THE petitioner is challenging the same seeking the following reliefs:

(2.) I have heard th learned Government Pleader also.