JUDGMENT :

(Rajesh Bindal, J.)

1. Challenge in the present appeal is to the order in a Writ Appeal¹[Writ Appeal No. 1563 of 2010, decided on 27.06.2011], passed by the Division Bench of the High Court²[High Court of Kerala], by which the judgment of the learned Single Judge passed in W.P. No. 36424 of 2005, was set aside.

2. Challenge in the W.P. filed by the appellant was to the order dated 14.03.2005, passed by the Chief Engineer, Irrigation and Administration, Thiruvananthapuram vide which the private-respondents No. 1 to 4, 7 and 8 were given seniority from back date.

3. Learned senior counsel for the appellant submitted that the appellant was appointed as Overseer Grade-III in the Irrigation Department vide G.O. (Rt.) No. 276/89/Co-op dated 16.06.1989, on compassionate basis. As the appellant was an Engineering Graduate, he represented to the Government for appointment as Assistant Engineer (Mechanical). His representation was rejected. O.P. No. 7647 of 1991 was filed praying for setting aside of the order of rejection of his representation with a further prayer that he should be appointed as Assistant Engineer with retrospective effect, from the date he was appointed as Overseer