GOPINATHAN UNNITHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these Original Petitions challenge the seniority list of Upper Division Clerks published in the Kerala Gazette dated 7-8-90. It is their case that party respondents, who were juniors in the cadre of Lower Division Clerks, have been wrongly assigned seniority over them in the cadre of Upper Division Clerks. Hence these Original petitions.

(2.) Since identical issues arise for consideration in these Original Petitions, I consider it advantageous to dispose of them by a common judgment.

(3.) In the general pay revision order issued in G.O.(P) 290/69/Fin. dated 9-6-1969, the ratio between Upper Division Clerks and Lower division Clerks, was revised as 1:2 with effect from 1-7-1968. One additional post of Upper Division Clerk was sanctioned to each Assistant Educational Office, as per G.O. (Rt) 3170/69/Fin. dated 18-9-1969. Consequently, a large number of vacancies in Upper Division Cadre became available. By G.O. (P) 635/69/fin. dated 27-11-1969, orders were issued for improving the promotion avenues of ministerial staff. Posts of Head Clerk were also sanctioned to all Assistant Educational Offices with effect from 27-11-1969. Consequently, 150 senior Upper Division Clerks were promoted as Head Clerks with effect from 27-11-1969. To fill up those vacancies, petitioners and party respondents were promoted as Upper Division Clerks, by order dated 18-4-1970. In the seniority list of U.D. clerks covering the vacancies in the grade from 1-11-1969 to 30-6-1979, petitioners and party respondents were assigned ranks in conformity with their ranks in the lower cadre, their date of promotion being 18-4-1970. Later, by G.O. (Rt) 3723/86/G. Edn. dated 27-10-1986, promotion of U.D. Clerks was ordered with effect from 27-11-1969. When the date of promotion was projected back to 27-11-1969 from 18-4-1970, the intense ranking of the petitioners and party respondents was altered. Petitioners were assigned ranks below the party respondents, who were juniors to them in the cadre of L.D. Clerks. This alteration in the ranking is under challenge.