ACHUTHAN V Vs. STATE OF KERALA

JUDGEMENT

(1.) Common issues arise for consideration in these writ petitions. Therefore, they have been heard together and are being disposed of by this common judgment. Since the pleadings are complete in W.P. (C) No. 24264/07 and notice has been taken out by publication as well, I will refer to the said writ petition, as the leading case.

(2.) While so, Ext.P7 range-wise seniority list as on 1-1-2003 was published on 9-11-2004. The same was finalised under Ext.P8. According to the petitioners, after Ext.P8 final range-wise seniority list, the Annual Confidential Reports were called for as per Ext.P21 for considering them for the post of Circle Inspectors.

(3.) While so Ext. P9 State-wide provisional seniority list of Sub Inspectors was published for the period from 1-1-1998 to 31-12-2002. There were some objections against Ext. P10. But, by and large, the petitioners were not aggrieved by Ext.P10. By Ext.P11, the Inspector General of Police revoked Ext. P8 State-wide seniority list without notice to the petitioners. Taking note of Ext. P 11, Ext. P12 State-wide provisional seniority list of Sub Inspectors were published. This was including persons, who were promoted/appointed as Sub Inspectors as on 31-12-2002. The petitioners did not find a place in Exts.P11 and P12. Therefore, as against Ext. P12, they filed Exts.P13 and P14 representations. The objections were not accepted and Ext.P12 was finalised under Ext. P 15 final State-wide seniority list of Sub Inspectors as on 31-12-2002. Ext. P 15 was Challenged before this Court. But the petitioners were directed to prefer applications under Rule 27B of the Kerala State and Subordinate Rules, 1958 (for short "the Rules") before the Government, which the petitioners did as per Ext.P16(a). The same has been rejected under Ext. P22 order passed by the Government. The petitioners essentially challenge Ext. P 22 order. They also challenge Ext.P11 provisional range-wise seniority list, Ext. P12 State-wide provisional seniority list and Ext.P 15 final seniority list as well. Exts. P 18 and P19 are the provisional range-wise seniority list for the period subsequent to 31-12-2002 and they have also been challenged in these writ petitions. Though the petitioners find a place in Exts.P18 and P19, according to them, they should have been included in the final State-wide seniority list, Ext.P12, which was later finalised under Ext.P15.