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UNNIKRISHNAN C.C., VILLAGEMAN versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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UNNIKRISHNAN C.C., VILLAGEMAN v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 31909 of 2004(W) [2006] RD-KL 3616 (15 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31909 of 2004(W)

1. UNNIKRISHNAN C.C., VILLAGEMAN,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. DISTRICT COLLECTOR, PALAKKAD.

3. DISTRICT COLLECTOR,

4. JAINUL ABDEEN, VILLAGE ASSISTANT,

5. K.MURALEEDHARAN, VILLAGE ASSISTANT,

6. A.P.RAJMOHANAN, VILLAGE ASSISTANT,

7. G.SATHEESAN, VILLAGE ASSISTANT,

8. A.M.PARAMESWARANUNNI,

9. THE COMMISSIONER LAND REVENUE,

For Petitioner :SRI.KALEESWARAM RAJ

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :15/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 31909 OF 2004

Dated this the 15th day of December, 2006



J U D G M E N T

Petitioner was advised by the PSC for appointment as Village-man in Palakkad District. Advice is dated 28.2.1991 and he joined duty on 11.4.91. While so, for no fault on his part and for no reasons attributable to him, he was transferred in the exigencies of service to Wayanad District as per Ext.P1 dated 15.11.97. According to the petitioner, he is entitled to retain the seniority in Palakkad District and to have the consequential promotions. In Ext.P6 order, passed pursuant to Ext.P5 judgment of this Court in O.P. 4025/03, the seniority list of Village-men in Palakkad District has been revised and the petitioner has been assigned Sl. No. 186 (a). In the meanwhile, petitioner took steps for a transfer to Palakkad. It is seen from the counter affidavit that the same was granted as per order dated 29.11.01. But the petitioner made an attempt to have the promotion based on the seniority in Palakkad District and transfer to the promoted category on the ground that the juniors had already been promoted even in 1998. The stand in the counter affidavit is that unless the petitioner is transferred, there cannot be a promotion in the Palakkad District. That stand is WPC NO.31909 Page numbers perfectly justified. Petitioner has to come back to Palakkad District as Village-man and then his promotions are to be ordered based on his placement as Sl. No.186 (a), which is already assigned to him under Ext.P6. The writ petition is hence disposed of as follows: There will be a direction to the 9th respondent-Commissioner of Land Revenue to transfer the petitioner from Wayanad to Palakkad District, within one month from the date of production of a copy of this judgment by the petitioner. On the petitioner joining duty consequent on the transfer as above, the 2nd respondent-District Collector, Palakkad will take steps, within another one week to grant the consequential promotion to the petitioner based on his placement as 186 (a) in the seniority list of Village-man, since there is no dispute as to his seniority in Palakkad District. It is made clear that the petitioner will be granted the promotion notionally with effect from the date on which his junior was regularly promoted.

KURIAN JOSEPH, JUDGE

vps WPC NO.31909 Page numbers

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

WPC NO.31909 Page numbers 15th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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