The Court dismissed a writ petition filed by Excise Guards seeking restoration of seniority in their parent district after being transferred on request to a new division. The Court held that such transfers result in loss of seniority and reversed the argument that seniors retained under administrative transfers should have same treatment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931
WP(C).No. 12213 of 2008(D)
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PETITIONER(S):
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1. G.RADHAKRISHNAN NAIR, EXCISE GUARD, EXCISE RANGE OFFICE, PALA, NOW AT EXCISE DIVISION OFFICE, KOTTAYAM.
2. P.M.MAJEED, EXCISE GUARD, EXCISE RANGE OFFICE, KOTTAYAM.
3. K.C.ALEXANDER, EXCISE GUARD, EXCISE RANGE OFFICE, KURAVILANGAD, KOTTAYAM.
BY MR.K.RAMAKUMAR, SENIOR ADVOCATE BY ADV. MR.T.RAMPRASAD UNNI SMT.SMITHA GEORGE
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVT.OF KERALA, THIRUVANANTHAPURAM.
2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.
3. THE JOINT COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.
GOVERNMENT PLEADERMR.ANTONY MUKKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.12213/2008
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE ORDER DTD. 17.1.03 BY R3. P2:- COPY OF THE REPRESENTATION DTD. 25.2.06 BY THE IST PETITIONER. P3:- COPY OF THE REPRESENTATION DTD. 22.3.06 BY THE 2ND PETITIONER. P4:- COPY OF THE REPRESENTATION DTD. 13.3.06 BY THE 3RD RESPONDENT.
TRUE COPY
P.A. TO JUDGE
tss
V.GIRI, J
W.P.(C).12213/2008
Dated this the 1st day of October, 2009
JUDGMENT
Petitioners are Excise Guards who were appointed in the Wayanad District. They requested a transfer to Kottayam on inter district transfer. Their request was accepted and they were appointed in the Kottayam Division against the 10% vacancies available in each district for accommodating inter district transferees. Seniority list was published in the year 1995 among Excise Guards in the Kottayam Division and petitioners' seniority in the Kottayam Division was reckoned with reference to the date on which they were appointed in the Kottayam Division.
W.P.(C).12213/2008
2
from Kannur Division could not have forfeited the seniority in the parent district since the transfer was not on request. But nevertheless, originally they were shown to have been transferred with loss of seniority. But this mistake was later rectified. Thus, in the case of the aforementioned Ajayakumar, he was transferred back to Kannur District and his seniority in Kannur was reckoned, rightly with reference to the date on which he was originally recruited. In other words, since his transfer to Kottayam was not on his request, but otherwise on administrative grounds, the same did not result in him forfeiting his seniority in Kannur District.
W.P.(C).12213/2008
3
V.GIRI, Judge
mrcs
3 issues framed by the court
Whether Excise Guards transferred on request forfeit their seniority in the parent district.
Whether the Court should grant appropriate directions to restore seniority or transfer the petitioners.
Whether the distinction between request-based transfer and administrative transfer affects seniority reckoning.
G. RADHAKRISHNAN NAIR
P. M. MAJEED
K. C. ALEXANDER
STATE OF KERALA
COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM
JOINT COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
