Point of Law: In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration of such order shall be submitted to Government by aggrieved person within a period of six months from the date of receipt of the order, or the date of publication of order in the Kerala Gazette, whichever is later.

JUDGMENT :

ALEXANDER THOMAS, J.

Aggrieved by the non-promotion of R-1 herein, to the post of Principal of Government colleges as well as the promotion of her admitted juniors in the feeder category post of Lecturer (Selection Grade), R-1 had filed Writ Petition, as W.P.(C).No.30813/2007 before this Court on 11.10.2007. After the establishment of the Kerala Administrative Tribunal in accordance with the provisions contained in the Administrative Tribunals Act, 1985, the said writ proceedings were transferred to the Tribunal, which has been numbered as Transferred Application, TA No.6735/2012.

2. The prayers in Annexure-1 Transferred Application, T.A No.6735/2012 [WP(C) No.30813/2011], are as follows [see page No.26 of the paper book of the O.P] :

“i) issue a writ of certiorari of (sic) any other appropriate writ, order or direction calling for the records leading to Exts.P5, P6, P7 and P9 and quash them to the extent they supersede the petitioner in the matter of promotion to the post of Principal by promoting the petitioner's juniors, respondents 5 to 7 before she is promoted to the said post.

ii) Declare that the petitioner is entitled to promotion as Principal with retrospective effect from the dates on which the respondents 5 and 6 have been promoted to that post as per Ext.P6.

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to promote the petitioner as Principal with retrospective effect from the dates on which the respondents 5 and 6 have been promoted to that post as per Ext.P6.

iv) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to revise Ext.P5 select list by including the petitioner therein above respondents 5 to 7 and grant all consequential benefits. and

v) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”

3. The Tribunal after hearing both sides, has rendered the impugned Annexure-VII final order dated 20.08.2019 in T.A No. 6735/2012, with the clear finding that the non-promotion of the applicant and the consequential promotion given in favour of the contesting respondents to the post of Principal, is illegal & ultra vires and that, since the applicant and the contesting respondents in the T.A have all retired from service, there is no necessity to interfere with the promotion orders given in favour of the contesting respondents in the T.A and that, the impugned Ext.P-9 order dated 30.08.2007 issued by the Director of Collegiate Education, rejecting the plea of the petitioner in the T.A. for promotion as Principal, considering her seniority in the feeder category post of Lecturer (Selection Grade)/ Reader, has been quashed and R2 & R3 in the T.A (competent authority of the Government in the Higher Education Department & the Director of Collegiate Education), have been directed to grant notional promotion to the applicant, in accordance with Rule 28 (b)(i)(14) of KS&SSR Part-II with effect from the date on which contesting respondent No.5 in the T.A has been promoted to the post of Principal and orders in that regard have been directed to be passed within three months and that, on receipt of such order, the applicant will be entitled for re-fixation of pay and consequential revision of pensionary benefits shall be disbursed to her immediately thereafter, etc.

4. It is aggrieved by the abovesaid final verdict of the Tribunal at Annexure-VII rendered on 20.08.2019, that the petitioners herein (State of Kerala, the Director of Collegiate Education, etc.) have preferred the present O.P before this Court under Articles 226 & 227 of the Constitution of India, with the following prayers [see page No.10 of the paper book of the O.P] :

“.......... to set aside Annexure -VII order in T.A.No.6735/12 on the files of the Kerala Administrative Tribunal, Additional Bench, Ernakulam by allowing this original Petition.”

5. H