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2021 Supreme(Ker) 675

ALEXANDER THOMAS, A.BADHARUDEEN
BINU. B S/O. K. S. BHASKARAN – Appellant
Versus
STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
For The Appellant : S.SREEKUMAR (SR.), SRI.MANOJ RAMASWAMY
For The Respondent: SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

JUDGMENT :

Alexander Thomas, J.

The question raised in this original petition and original application is as to whether the seniority of the petitioner is to be counted w.e.f. date of joining of duty as mandated in Proviso to Rule 27 (c) of Part II of KS & SSR or whether his seniority is to be reckoned from the date of initial advice memo issued by the PSC etc. The Tribunal has held as per the impugned Ext.P6 final order rendered on 16.3.2021, that since the petitioner had joined duty after the expiry of three months time limit from the date of the appointment order, and that too after securing 10 days extension of joining time, his seniority can be reckoned in the post to which he has been advised and appointed only from the date joining of duty as envisaged in Proviso to Rule 27 (c) of KS & SSR Par II, and the contention of the petitioner that the seniority should be reckoned from the date of the effective advice given by the PSC in terms of Rule 27 (c) has been overruled by the Tribunal. It is this verdict at Ext.P6 that is under challenge in this original petition filed by the original applicant therein before this Court by invoking the provisions contained in Articles 226 and 22

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