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2012 Supreme(Ker) 255

P.R.RAMACHANDRA MENON, MANJULA CHELLUR, T.R.RAMACHANDRAN NAIR
N. Ramachandran – Appellant
Versus
S. Madhu – Respondent


Advocates Appeared:
For the Petitioners:P. Ravindran, (Sr.), Smt. Chincy Gopakumar, B. Gopakumar, Advocates.
For the Respondents:T.P. Kelu Nambier, P.V. Mohanan, (Sr.) Biju P.N., Smt. Rosamma Joseph, Advocates, Smt. Girija Gopal, Sr. Government Pleader.

Judgment :-

T.R. Ramachandran Nair, J.

1. The question referred for decision of the Full Bench is the following:

"Whether an employee who has secured a district-wise appointment when transferred on request to another district before completing five years will have to surrender his entire five years of service, so as to claim seniority in the transferred unit even if the transfer is after one year of his appointment?

2. W.A. No.1466/2006 is filed against the judgment in W.P.(C) No.11178/2005, W.A. No.802/2007 is filed against the order in R.P.No.731/2006 filed against the same judgment and W.P.(C) No.26361/2006 is filed, challenging the order Ext.P4 by which revised seniority list of Excise Guards for the period from 1.1.1989 to 30.6.2000 was published in implementation of the judgment in W.P.(C) No.11178/2005.

3. W.P.(C) No.11178/2005 was disposed of along with the connected writ petitions, viz. 16863/2003, 29059/2004, 11178/2005, 11242/2005, 12802/2005 and 16332/2005 by a common judgment. W.A.No.1505/2006 filed against the judgment in W.P.(C) No.29059/2004 was dismissed by a Division Bench consisting of K.A. Abdul Gafoor and Justice K.P. Balachandran, JJ. on 19.9.2006, confirmin


















































































































































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