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2019 Supreme(Ker) 429

V.CHITAMBARESH, ASHOK MENON
Anilkumar S. , S/o. K. Sreedharan Nair – Appellant
Versus
K. G. Giriprasad, S/o. K. S. Govindan – Respondent


Advocates Appeared:
For the Petitioner: Sri. K. Ramakumar (Sr.), Smt. Ammu Charles, Smt. Asha Babu, Smt. Jinnu Sara George, Sri. C. Dinesh, Sri. G. Renjith, Sri. M. Manojkumar (Chelakkadan), Sri. S.M. Prasanth.
For the Respondents: Sri. Anoop. V. Nair, Dr. K.P. Satheesan (Sr.), Sri. Benny Gervacis, Sri. P.C. Sasidharan, SC, KPSC, Sri. P. Nandakumar, Sri. Remya Murali, Smt. K. Majeeda Hameed, Smt. T. Reshma, Sri. B.S. Swathy Kumar, Sri. K. Sudhinkumar, Sri. M.R. Jayaprasad, Sri. Muhammed Ibrahim Abdul Samad, Sri. N. Manu Thampi, Sri. P. Mohandas (Ernakulam), Sri. Sabu Pullan, Sri. S.K. Adhithyan, Sri. S. Vibheeshanan, Sri. Venkatesh Gopi, Sri. Antony Mukkath, Govt. Pleader.

JUDGMENT :

Chitambaresh, J.

'Better late than never' is a phrase which continues to be relevant. The seniority list fraught with illegality has to be revised. It needs to be done for the multiple reasons stated herein below.

2. The final state-wise seniority list of Junior Accountants in the Treasury Department was published by the Directorate of Treasuries on 5.2.1998 without a provisional seniority list or calling for objections. It is alleged that the final seniority list was so drawn up misconstruing the provisions of the Kerala Treasury Subordinate Service (Amendment) Rules, 1997 ('the Special Rules'). The final seniority list did not however reflect as to who among those included therein were the beneficiaries of inter-district transfer which would entail in loss of seniority. Repeated representations (during the period from 1998 to 2013) were filed objecting to the final seniority list and the Kerala Administrative Tribunal was moved lamenting inaction. The Tribunal directed an expeditious consideration of the representations and the Government eventually decided to revise the seniority list by G.O. (Rt)No.4930/14/Fin dated 23.6.2014.

3. The above order of the Government was cha
































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