Shaji P. Chaly, J.

These original petitions were filed by the applicants against the order dated 28.01.2014 of the Kerala Administrative Tribunal (for short, 'the Tribunal') in T.A.No.5964 of 2012 and T.A.No.631 of 2013. Both the Applications were disposed of by the Tribunal by a common order. Since the subject matter of both the original petitions are similar, we also propose to dispose of the same by a common judgment. By the common order, learned Tribunal dismissed the reliefs sought for by the petitioners to quash Exts.P5 and P6 in T.A.No.5964 of 2012 and consider the claim of the petitioner in T.A.No.631 of 2013 and held that they are not entitled to get seniority re-fixed from the date of advice as Last Grade Servants.

2. Brief common facts for disposal of the petitions are as follows:

Petitioners were advised by the District Office of the Kerala Public Service Commission (P.S.C.), Ernakulam as Last Grade Servants and they were ordered to join duty in headquarters vacancies on various dates. Later, the petitioners applied for inter-district transfer and they were allowed and accordingly petitioners joined duty in Ernakulam District on various dates. Thereafter, the petitioners filed representations before the 5th Respondent seeking fixation of seniority with reference to the original date of advice by the Public Service Commission. However, the 5th Respondent declined the same by passing impugned orders holding that since by Ext.P2 order dated 24.07.2010, the 2nd Respondent had issued clarification that same was having retrospective effect from 21.02.2002 only i.e. the date of Ext.P1 notification, petitioners who were transferred prior to 21.02.2002 to district of their choice were not entitled to get seniority with effect from the date of advice by the P.S.C. It is thus challenging the orders passed by the 5th Respondent declining seniority from the date of advice by the P.S.C., petitioners have filed writ petitions before this Court which were later transferred to the Kerala Administrative Tribunal, on its constitution.

3. After hearing the petitioners and the Respondents and considering the rival pleadings, the learned Tribunal dismissed the petitions holding that since Exts.P1 and P2 Government Orders are given effect from 21.01.2002, the applicants, except the 4th applicant who were transferred after the cut off date fixed thereunder, were not entitled to succeed and therefore held that the persons already transferred before the cut off date are not eligible to get protection of seniority from the date of advice by the P.S.C. It was further held that since Rule 14 is a special provision in the Special Rules for the Last Grade Service, the same will prevail over the provisions of Rule 27(c) of Part-II of the Kerala State and Subordinate Services Rules and therefore the same cannot have any application in the case of Last Grade Servants. It was thereupon held that since the petitioners have not cared to challenge Exts.P1 and P2, the claim for seniority with effect from the date of advice fails. It is thus challenging the said order of the Tribunal, these Original Petitions are filed before this Court.

4. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the Respondents. Perused the pleadings and the entire materials on record.

5. Learned counsel for the petitioners contended that Rule 14(c) of the Special Rules for the Last Grade Service protects the claim raised by the petitioners before the Administrative Tribunal to the effect that their seniority is to be counted from the date of advice by the P.S.C. He further contended that originally a Note was appended to the said rule which clarified that the effective advice in the aforesaid rules means the date of letter of the Commission on the basis of which the candidate was appointed. Therefore, taking cue from those provisions, learned counsel contended that even though Notes (2) and (3) were added with effect from 21.