THOMAS MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Junior Health Inspector Grade-I (JHI Gr.I) under the Health and Family Welfare Department. They entered into its service as Junior Health Inspector Grade-II (JHI Gr.II) , on different dates. O.P.(KAT) Nos.31 & 135 of 2015 are directed against the order in T.A.No.4025 of 2012 passed by the Kerala Administrative Tribunal. In fact, the former amongst them, has been filed by the first applicant in the said transferred application and the latter amongst them has been filed by the second applicant therein. It is the writ petition jointly filed by them viz., W.P.(C) No.19142 of 2011 before this Court that was transferred to the Tribunal and was numbered as T.A.No.4025 of 2012. The petitioner in O.P.(KAT) No.32 of 2015 filed W.P.(C) No.14966 of 2011 before this Court and it is the same that was transferred and numbered as T.A.No.5876 of 2012. The Tribunal as per the order dated 30.7.2014 dismissed T.A.No.4025 of 2012 and subsequently, relying on the said order, dismissed T.A.No.5876 of 2012 as per order dated 11.12.2014. It is challenging the aforesaid orders that the captioned original petitions have been filed, as mentioned hereinbefore. In view of the commonness of the issues involved and taking note of the fact that T.A.No.5876 of 2012 was dismissed relying on the order in T.A.No.4025 of 2012 these original petitions were heard jointly and they are being disposed of by this common judgment.

(2.) A succinct narration of the common factual matrix is necessary for a proper disposal of the captioned original petitions. As stated hereinbefore, the petitioners in the above original petitions entered into service of the Health and family Welfare Department as JHI Gr.II on different dates. The dates of entry of the petitioners in the captioned original petitions are 19.8.1999, 29.9.1999 and 19.8.1999 respectively. It is the proposal to review their seniority in JHI Gr.II, pursuant to G.O.(Rt) No.893/2010/H & FWD, dated 4.3.2011 as per proceedings No.(Spl.Cell) ES2-69286/2010/DHS dated 16.6.2011, based on the common judgment dated 30.6.2010 in W.P.(C) Nos.14886, 15535 and 25898 of 2005 of a learned Single Judge of this Court that constrained the petitioners herein to file the writ petitions mentioned hereinbefore which were transferred and numbered as T.A.Nos.4025 and 5876 of 201 Their grievance is against the assignment of seniority in JHI Gr.II taking into account their dates of advise and ignoring the first preferential qualification possessed by them. They unsuccessfully contended before the Tribunal that when an integrated State level list of JHI Gr.II is published, all those who are having the first preferential qualification for appointment to that post should be placed above those with the second preferential qualification. In fact, pending the said transferred applications, revised seniority list in the said grade was published and appropriate amendment was made to bring in challenge against the same. Obviously, all their contentions were repelled and consequently, the said Transferred Applications were dismissed. For the sake of convenience the documents are referred to hereafter, in the order they are set out in O.P.(KAT) No.31 of 2015 unless otherwise specifically mentioned.

(3.) Qualifications for appointment to the post of JHI Gr.II in the Department has been prescribed as per G.O.MS24/89/H & PWD dated 21.1989 and the same has been produced in all the captioned original petitions as Ext.P1 of Annexure-1. Going by the same, the following qualifications are prescribed:-