The High Court of Kerala dismissed a writ appeal filed by a Superintendent challenging an order rejecting his claim for seniority for having a lower age, despite both parties joining service on the same date of advice.
The writ appeal is dismissed.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937
WA.No. 653 of 2010 IN WP(C).19196/2003
AGAINST THE JUDGMENT IN WP(C) 19196/2003DATED 6-11-2009
APPELLANT/PETITIONER IN THE WRIT PETITION :
K.SASIDHARAN, SUPERINTENDENT,
STATE MUSEUMS AND ZOO, THRISSUR.
BY ADV. SRI.SAJITH KUMAR V.
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION :
R1 & R2 BY SR.GOVERNMENT PLEADER SRI. P.I. DAVIS R3 BY ADV. SRI.B.RAGUNATHAN R3 BY ADV. SMT.P.RETNAKUMARI R3 BY ADV. SRI.G.GOPALAKRISHNA PILLAI R3 BY ADV. SRI.R.SRINATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.A. No. 653 OF 2010
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the appellant and learned Government Pleader. This writ appeal has been filed against the judgment dated 16.11.2009 in W.P.(C) No. 19196 of 2003.
Service Commission on the same date. The petitioner and 3rd respondent were given promotion on different posts and ultimately were promoted as Superintendent. The petitioner had come to this Court on an earlier occasion also and by judgment dated 19.10.2001 the petitioner was permitted to represent the matter for settlement of seniority. Consequent to the order of this Court, parties were heard and order was issued on 23.04.2003 rejecting the petitioner's claim for seniority
WA No. 653 of 2010
against which order, W.P.(C) No.19196 of 2003 was filed.
judgment, held that both the petitioner as well as 3rd respondent having been advised and joined on the same day and 3rd respondent being older in age, the Government has rightly accepted the claim of 3rd respondent for seniority. Learned counsel for the appellant contended that though both of them were advised on the same day, the 3rd respondent discontinued the service due to lack of vacancy, but the petitioner was in service continuously.
according to Rule 27A of the Kerala State and Subordinate Services Rules, 1958, the effective date for consideration of seniority is the date of advice. In the present case the date of advice being same, seniority
WA No. 653 of 2010
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shall be covered by the age. Admittedly the 3rd respondent is older in age hence no fault can be found in accepting the claim of 3rd respondent.
We do not find any error in the judgment of learned Single Judge so as to exercise the writ jurisdiction in this case. The Writ Appeal is dismissed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/05/06
3 issues framed by the court
Whether the Senior Single Judge erred in holding that seniority is determined by date of advice and age disallowing the appellant's claim for seniority.
Whether the Government is justified in accepting the claim of the older respondent for seniority based on Rule 27A of the Kerala State and Subordinate Services Rules.
Whether the writ jurisdiction should be exercised to set aside the impugned judgment rejecting the petitioner's claim for seniority.
K. Sasidharan
State of Kerala
Director of Museums and Zoo
K. Jayan
Mr. Ashok Bhushan
Mr. A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
