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1999 Supreme(Ker) 145

Judges : D.SREEDEVI
Radhakrishnan - Appellant
Versus
State Of Kerala - Respondent
Case No : No.
Decided On : 03/26/1999
Advocates Appeared :
Premjit Nagendran; For Petitioner. C.P. Sudhakara Prasad & Government Pleader (Subal Paul) For Respondents.

The main legal point established in the judgment is that the integration of posts and the equivalence of posts and scales of pay should not violate the principles of natural justice, and persons holding higher time-scale posts should not be placed below those holding lower time-scale posts during the equation of posts.

Headnote:

Seniority - Radiographer Grade II - Ext. P7 - Kerala Public Service Commission - Medical College - Technicians Radiology Grade II - X-ray Technicians - G.O. dated 4.9.1992 - Seniority list - Integration of posts - Date of advice by the Public Service Commission - Equivalence of posts and scales of pay - Violation of principles of natural justice

Fact of the Case:

Petitioners filed a petition to quash Ext. P7 order and to direct respondents 1 and 2 to forbear from giving effect to Ext. P7 order. The petitioners, working as Radiographers Grade II, were aggrieved by Ext. P7, which redesignated the posts of X-ray Technicians Grade II and Technicians Grade II Radiology as Radiographer Grade II, affecting their seniority.

Finding of the Court:

The court found that Ext. P7 order violated the principles of natural justice as it directed the fixation of seniority on the basis of the date of advice by the Kerala Public Service Commission, placing petitioners below respondents who were originally appointed in lower time-scale posts.

Issues: The main issue was the legality of Ext. P7 order and the seniority fixation based on the date of advice by the Public Service Commission, affecting the petitioners' seniority as Radiographers Grade II.

Ratio Decidendi: The court held that the integration of posts and the equivalence of posts and scales of pay should not violate the principles of natural justice. It emphasized that persons holding higher time-scale posts should not be placed below those holding lower time-scale posts during the equation of posts.

Final Decision: The Original Petition was allowed, and Ext. P7 regarding the mode of fixation of seniority of the unified post was set aside. Respondents 1 and 2 were directed to refix seniority in light of the court's observations, and the petitioners were given the opportunity to present their case. The government was directed to refix the petitioners' seniority within six months from the date of receipt of the judgment.

Judgment :-

Smt. D. Sreedevi, J

1. Petitioners have filed this Original petition for a writ of certiorari quashing Ext. P7 order of the second respondent and to direct respondents 1 and 2 to forbear from giving effect to Ext. P7 order. First petitioner is now working as Radiographer Grade II in the Department of Radiodiagnosis, Medical College, Thiruvananthapuram. He entered service in the Health Services Department as X-ray Technician on 23.11.1981 on the advice of the Kerala Public Service Commission. First petitioner is a B.Sc. Degree holder. He passed Radiological Assistants Course conducted by the Medical College, Thiruvananthapuram. The minimum qualification for admission to the said course was a pass in the Pre-degree examination with Physics, Chemistry and Biology as its optional subject as is seen from the prospectus Ext.P1. It was a full-time course of two years' duration. The first petitioner has completed the said course. He was temporarily appointed as Radiographer Grade II, and thus posted in the General Hospital, Ernakulam, as per Ext. P2. Thereafter, he was transferred to the Medical College Hospital, Kottayam and later transferred to the Department of Medical Education. He was again posted to Medical College, Thiruvananthapuram by Ext. P3. He joined the Medical College on 1.8.1988. The second petitioner being a member of the scheduled caste community was appointed by the Director of Medical Education as Radiographer Grade II in the Medical College, Thiruvananthapuram under Ext. P4. Later he was posted to Priyadersini Institute of Para Medical Sciences, Medical College, Thiruvananthapuram. The seniority list of Radiographers Grade I & Grade II was published by the Director of Medical Education. In the said list, the first petitioner was assigned rank No. 16 and the second petitioner was assigned rank No. 26. Ext. P5 is the seniority list. Respondents 3 to 10 are functioning as Technicians Radiology Grade II and X-ray Technicians in the Medical College, Thiruvananthapuram, S.A.T. Hospital and Dental College. They were advised by the Kerala Public Service Commission as X-ray Technician on 3.7.1986. Respondents 9 and 10 were advised for appointment in the year 1988 as X-ray Technicians. Petitioners' complaint is that by G.O. dated 4.9.1992 the Government redesignated the posts of X-ray Technicians Grade II, Technicians Grade II Radiology and Radiologists in the Medical Colleges in the State as Radiographer Grade II on a scale of pay of Rs. 950-1450. It is mentioned in the said order that the seniority mentioned in the said unified post will be refixed on the basis of the date of advice by the Kerala Public Service Commission. In the case of direct recruits and date of joining duty in the case of employees who join the Medical Education Service on transfer basis. Ext. P7 is the order. Petitioners are highly aggrieved by this order, as according to them, they were appointed as Radiographers Grade II while respondents were appointed as X-ray Technicians and hence Ext. P7 is illegal as it was prepared without considering the seniority of Radiographers Grade II now working in the Department. Hence the petitioners pray for quashing Ext. P.7.2. Respondents 3 to 9 filed a counter affidavit, stating that X-ray Technicians Grade II and Technicians Grade II Radiology were redesignated as Radiographer Grade II. Ext. P7 has been done to integrate the post of X-ray Technicians Grade II and Technicians Grade II Radiology. When three posts were integrated, for deciding seniority, the date of effective advice by the Public Service Commission is determined as the relevant criterion. This is the commonly accepted principle in the matter of integration and hence the challenge against Ext. P7 is unsustainable. It is also contended that till 1.7.1988, the salary of Radiographer Grade II, Technicians Grade II Radiology and X-ray Technicians were the same viz., 700-1140. For appointment to the post of X-ray Technicians by direct recruitme




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