OOMMEN THOMAS Vs. ANITHA A.R.

JUDGEMENT

(1.) SHAFFIQUE, J . Respondents 4 to 6 in O.A.No.1373 of 2012 are the petitioners. The Original Application was filed by respondents 1 to 10 herein before the Kerala Administrative Tribunal (KAT) challenging Annexure A3 and A5 orders.

(2.) The facts involved in the case would disclose that the petitioners and respondents 1 to 10 were appointed as Agricultural Officers on different dates. The petitioners were advised as Agricultural Officers on 21/11/1988 and they joined duty on 17/01/1989, 23/01/1989 and 18/01/1989 respectively. Since they were undergoing Post Graduate Course in Agriculture, immediately after joining duty, they availed leave without allowance for study purpose. They completed their course and rejoined duty on 28/08/1989, 16/10/1989 and 14/08/1989 respectively which was after the date of joining service by respondents 1 to 10. In the provisional seniority list of the Agricultural Officers published as on 01/01/1991 the applicants in Original Application/respondents 1 to 10 herein were treated as senior to petitioners. Annexure A2 is the final seniority list published on 22/07/2003. It is the case of respondents 1 to 10 that in the seniority list of Agricultural Officers Annexures A2 and A3 the petitioners were assigned seniority only from the date of their rejoining duty and not with reference to their date of advice.

(3.) It seems that subsequently by Annexure A3 proceedings dated 05/05/2012 Government re - fixed the seniority list by which seniority of the petitioners were taken into consideration as their original date of advice that is with effect from 21/11/1988. Annexure A5 is consequential to Annexure A3. This, according to respondents 1 to 10, was against the rules. It is also contended by virtue of judgment in W.P.C.No.2182/2011, the seniority claim from the date of advice of a similarly placed person like the petitioners was dismissed by the learned Single Judge as per Annexure A8 judgment and in the light of provisions contained in Appendix XIIA Part I of KSR, petitioners are not entitled to seniority from the date of advice; but only from the date of rejoining.