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2007 Supreme(Ker) 331

K.S.RADHAKRISHNAN, ANTONY DOMINIC
P. S. Ravendran – Appellant
Versus
State of Kerala, Represented By the Secretary to Government Co-operation Department – Respondent


Judgment :-

Radhakrishnan, J.

Writ petition was preferred by the appellants herein seeking a writ of certiorari to quash Exts. P5 and P7 orders. Ext. P5 is the order passed by the Joint Registrar holding that the fourth respondent is senior to the petitioners in the cadre of Junior Clerk and is therefore entitled to all consequential benefits. Ext. P7 is an order passed by the Government confirming Ext. P5. Aggrieved by the same writ petition was preferred. Learned single judge disposed of the writ petition placing reliance on the decision of another learned judge of this court in Prakasini v. Joint Registrar (2006 (1) KLT 199) and took the view that; the remedy open to the writ petitioners is to approach Co-operative Arbitration Court. Aggrieved by the same this appeal has been preferred.

2. Contention was raised by the counsel for the appellants that a dispute with regard to seniority between the appellants and the fourth respondent is to be decided by Joint Registrar and not by the Arbitration Court. It was also stated that the second respondent has passed Ext P5 order on a direction given by this court in Ext P1 judgment and that judgment has become final and therefore jurisdict





















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