KURIAN JOSEPH, J. - (1.) Advice, effective date of advice, appointment, joining, seniority and their interplay constitute the subject of discussion in this case.
(2.) I. A. No.1/2008, in C.A. No.7913/2009, is allowed.
(3.) Under R.27 of Kerala State and Subordinate Service Rules, 1958 (hereinafter called 'the General Rules) seniority is to be determined on the basis of the effective date of advice. The Rule reads as follows: "27. Seniority.-- (a) Seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade. Explanation.-- For the purposes of this sub-rule, "appointment" shall not include appointment under R.9 or appointment by promotion under R.31. xxxx xxxx xxxx (b) xxxx xxxx xxxx (c) Notwithstanding anything contained in clauses (a) and (b) above, the seniority of a person appointed to a class, category or grade in a service on the advice of the Commission shall, unless he has been reduced to a lower rank as punishment, be determined by the date of first effective advice made for his appointment to such class, category or grade and when two or more persons are included in the same list of candidates advised, their relative seniority shall be fixed according to the order in which their names are arranged in the advice list. xxxx xxxx xxxx" ;