MANOJ M. V. Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The petitioners and the party respondents in these cases were all recruited as 'Assistants' in the services of the University of Calicut (hereinafter referred to as 'the University' for short) on the same day. The party respondents were Departmental Test qualified at the time of their appointment, since they had already cleared the Account Test (Lower); while the petitioners herein acquired such qualification while they were in service. It is without contest that the petitioners cleared the Account Test (Lower) within their period of probation and were, thereafter, promoted as Assistants (Senior Grade) on such declaration.

(2.) The seniority list of Assistants (Senior Grade) showed them as seniors to the party respondents, but according to them, abruptly in December, 2011, an order was issued by the University, bearing No.Ad.A1/13068/2011, revising the seniority list, apparently being guided by the judgment of this Court in Gopinathan Unnithan v. State of Kerala [1991 (2) KLT 112].

(3.) The petitioners assert that they were not heard before the seniority list was revised through the aforementioned order - a copy of which is on record as Ext.P5 in W.P.(C)No.34521/2011; and that, in any event of the matter, its contents are grossly contrary to the applicable statutory provisions, particularly Rule 28(a) of Part II of the Kerala State and Subordinate Service Rules (KS & SSR). They therefore, pray that the impugned order of the University be set aside and it be directed to restore their seniority in the cadre of Assistants (Senior Grade), in terms of the afore Rule.