SOMASEKHARAN NAIR Vs. DIRECTOR OF EMPLOYMENT

JUDGEMENT

(1.) The question arising for consideration in this petition relates to the inter se seniority of the petitioner and respondents 3 to 6, The question is about their inter se seniority in the grade of upper division clerks in the Directorate of National Employment Service, They are now all working as Head Clerks and promotions to that grade have been made apparently on the basis of the seniority list of upper division clerks settled by Ext. P5, In this list the petitioner is shown as 12 and respondents 3 to 6 respectively as 8, 9, 10 and 11, There was an earlier list Ext. P3 dated 7th August 1968 in which the petitioner was ranked above the third and 5th respondents, holding rank No. 25 while the third and fifth respondents were 28 and 27 respectively, The 4th and 6th respondents were not shown in that list. When a provisional seniority list of upper division clerks as on 1st April 1972 was published (Ext. P4 dated 7th September 1972) the petitioner was shown as senior to respondents 3 to 6.

(2.) The petitioner was promoted as an upper division clerk on 2nd December 1963. Respondents 3, 5 and 6 were promoted later to that grade on 28th August 1964, 10th August 1964 and 1st July 1968. The 4th respondent was a lower division typist and he was appointed by transfer on 23rd March 1964. It is admitted that the petitioner was junior to respondents 3, 5 and 6 in the category of lower division clerks. The question is whether by virtue of his earlier promotion on 2nd December 1963 he was entitled to be ranked above respondents 3 to 6 who admittedly became upper division clerks only subsequently. On their behalf it was claimed that R.13A of the Kerala State and Subordinate Services Rules -- As we understand the contention, sub-rule (3) of R.13A would enable the respondents, all of them, including the 4th respondent, to claim seniority above the petitioner. We shall extract sub-r.(3) of R.13A of the Kerala State and Subordinate Services Rules, 1958.

(3.) We are concerned in this case only with one test, Account Test (Lower), and not with the other tests which the