THOMAS MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P(C). Nos.31493 of 2015, 31504 of 2015 and 1191 of 2016 all relate to the same issue and the resolution of the same would effectively dispose of WP(C) No.28256 of 2015. Hence, the three writ petitions are first considered and from among them, the documents are referred to from WP(C) No.31504 of 2015 and if otherwise, the writ petitions are specifically mentioned.

(2.) The entire controversy revolves around the issue of deciding the seniority of those persons, regularized on 18.03.1996 as per Ext.P1; whether the same has to be on the basis of the date of birth or the date of entry into service as a daily waged employee. All the petitioners herein, were regularized on 16.03.1996 as per Ext.P1 along with others, totaling 30 in different designations. The issue is confined to the 22 out of the 24 regularized as Assistants, by Ext.P1 and inter se seniority between them.

(3.) On the regularization in 1996, the 24 Assistants were shown serially in a list appended to Ext:P -1 showing their educational qualifications, date of birth etc: without assigning any seniority. After regularization, Ext:R -1(c) provisional seniority list was published, wherein 22 persons, remaining of the 24 persons, were assigned seniority on the basis of date of birth. No objections having been received the list was finalized as per Ext:R -1(d). The said seniority list was objected to and the Government considering the same, purportedly to make the assignation of seniority compliant with Kerala State and Subordinate Services Rules, 1958 (for brevity 'KS&SSR'), attempted to modify the list finalized, by publishing another provisional seniority list as per Ext:R -1(e) assigning seniority in accordance with the date of entry into service as a daily waged employee. The person, who entered service as a daily waged employee, was given seniority above a person engaged later; though the regularization of all the 25 persons occurred on one date, ie. 16.03.1996. This was on the undisputed premise of those daily waged employees having continued uninterruptedly after their respective initial appointments.