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2009 Supreme(Ker) 486

C.T.RAVIKUMAR, K.BALAKRISHNAN NAIR
State Of Kerala, Rep by Secretary to Government – Appellant
Versus
Krishna Kumar. T. G. , – Respondent


Advocates Appeared:For the Petitioners:Government Pleader. For the Respondents: ---

Judgment :-

Balakrishnan Nair, J.

The appellants challenge the judgment of the learned Single Judge in O.P. No.34203 of 2000 and connected cases dated 25.2.2009. Some of the above appeals have been filed by persons, who were not parties to those Original Petitions/Writ Petitions, after seeking leave of this Court. The main point that arose for decision in the Writ Petitions was the dispute regarding seniority between direct recruits and promotees to the post of Excise Preventive Officer in the Excise Department of the Kerala Government. The direct recruits advised and appointed in excess of their quota in the relevant rules, were accommodated in supernumerary posts and as and when their turn arose as per the ratio prescribed in the rules, they were regularly absorbed. Whether such persons are entitled to get seniority with effect from their respective dates of advice by the Public Service Commission or only from the date their turn arose, is the dispute to be resolved in this case.

2. The Kerala Public Service Commission issued notification inviting applications for appointment to the post of Excise Preventive Officer on 19.12.1989. The rank list was published on 31.12.1997. During
























































































































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