RAJENDRA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner urges a claim for seniority over the 3rd respondent in the category of Assistant Grade I. To that category admittedly the petitioner was promoted on 21.9.95 whereas the 3rd respondent was promoted on 26.9.94. A seniority list in the category of Assistant Grade I was published as per Ext. P4(a). The petitioner holds rank No. 50 whereas the 3rd respondent holds rank No. 32. The petitioner objected to that seniority list. That objection is overruled in Ext. P5. Therefore, the petitioner has approached this Court challenging Ext. P5 and seeking seniority over the 3rd respondent. The petitioner submits that he was senior in the feeder category and was a probationer but had passed the necessary test qualification on the date of promotion of 3rd respondent on 26.9.94. Therefore, he should have been promoted in preference to the 3rd respondent as Assistant Grade I and would have been assigned rank over the 3rd respondent in Ext. P4(a). That is the case of the petitioner.

(2.) The facts are as follows: The petitioner was advised on 5.3.90 for appointment as Assistant Grade II. The 3rd respondent was so advised on 1.11.91. Both of them joined duty. On the basis of R.27(c) of the General Rules of the K.S. & S.S. Rules, the petitioner was senior because the date of advice of the petitioner is earlier than that of the 3rd respondent in the category of Assistant Grade II.

(3.) R.10 of the Kerala Secretariat Subordinate Service Rules provides that "Every person appointed to a category shall from the date on which he joins duty be on probation, if he is appointed by direct recruitment or by transfer, for a total period of two years on duty within a continuous period of three years".