ANILKUMAR S Vs. K G GIRIPRASAD

JUDGEMENT

(1.) 'Better late than never'

(2.) The final state-wise seniority list of Junior Accountants in the Treasury Department was published by the Directorate of Treasuries on 5.2.1998 without a provisional seniority list or calling for objections. It is alleged that the final seniority list was so drawn up misconstruing the provisions of the Kerala Treasury Subordinate Service (Amendment) Rules, 1997 ('the Special Rules'). The final seniority list did not however reflect as to who among those included therein were the beneficiaries of interdistrict transfer which would entail in loss of seniority. Repeated representations (during the period from 1998 to 2013) were filed objecting to the final seniority list and the Kerala Administrative Tribunal was moved lamenting inaction. The Tribunal directed an expeditious consideration of the representations and the Government eventually decided to revise the seniority list by G.O. (Rt)No.4930/14/Fin dated 23.6.2014.

(3.) The above order of the Government was challenged by those who enjoyed seniority notwithstanding the fact that they were beneficiaries of inter-district transfer by filing original applications before the Tribunal. The same were resisted by the petitioners herein relying on the provisions of the Kerala State & Subordinate Services Rules, 1958 ('the KS&SSR') and the Government Orders. The Tribunal has by the order impugned set aside G.O.(Rt)No.4930/14/Fin dated 23.6.2014 observing that the seniority cannot be upset applying the 'sit back' theory. The objectors contend that they were never put on notice earlier about the assigning of seniority to those who secured inter-district transfer and the 'sit back' theory is of no avail. The petitioners assert that the final state-wise seniority list has been drawn up without reference to the provisions of KS&SSR and the Special Rules warranting a revision as proposed.