IMPORTANT POINT
The amended rules govern seniority for vacancies, overruling prior case law that suggested otherwise.

JUDGMENT :

P.Krishna Kumar, J.

This petition is preferred against the order dated 24/02/2021 in O.A.No.2212 of 2015 of the Kerala Administrative Tribunal.

2. The petitioners are working as Joint Block Development Officers. They challenge Annexure A7 final seniority list of the Village Extension Officers (VEO), which was published on 05.05.2014, alleging that it was prepared without considering their objection to the provisional seniority list and without removing the anomalies in the Kerala General Subordinate Service Posts in the Rural Development Department (Amendment) Special Rules, 2008 (hereinafter referred to as 'the Special Rules, 2008'). It is stated that several juniors were placed above the petitioners in Anneuxre A7, as the same was prepared on the basis of the date of promotion to the feeder category instead of their service seniority, based on the date of appointment to the entry post viz. VEO/Lady VEO Grade II.

3. The petitioners were advised by the PSC on 28.1.1991 and 3.5.1991, respectively as VEO (Trainee). After the training, they were appointed as VEOs Grade II, in 1992. They were promoted as Joint Block Development Officers on 19.11.2013 and 06.01.2014, respectively. In the meanwhile, the Government amended the Special Rules, and thereby the posts of VEO/Lady VEO were integrated up to the post of Joint Block Development Officer.

4. Rule 10(4) of the amended Rules provides that the integrated seniority list of VEO Gr.II will be prepared based on the date of advice. But, as per Rule 10(3), the integrated seniority list of existing VEO Grade I and Lady VEO Grade I would be prepared based on the date of promotion, and the post will be commonly designated as VEO Gr.I.

5. The petitioners contend that the above-said treatment in Rule 10(3) caused serious prejudice to the existing VEO Gr.I, as those who were advised on a later date in the entry cadre of Lady VEO Gr.II acquired seniority, as they were promoted on earlier dates, due to the abundance of vacancies in their category. The anomaly in the said rule was pointed out by the aggrieved persons and resultantly, the Secretary of the Local Self Govt. (ERB) Department issued a letter to the Government on 26/09/2009 requesting modification of the Rules to limit the scope of integration only to the newly recruited VEOs, but it was not acted upon.

6. It is further contended that, by placing the Lady VEOs above the petitioners who joined the service much earlier than them, the Government ignored the mandate of Articles 14 and 16 of the Constitution and the principles evolving from Rule 35 of Kerala State & Subordinate Service Rules.

7. It is contended that the Kerala Administrative Tribunal completely overlooked the legal questions raised by the petitioners and decided the issue without imbibing the settled principles of law.

8. Learned Senior Counsel appearing for the petitioners Sri.K.Ramakumar, persuasively argued that the Tribunal mistook the grave injury caused to a group of employees as just a mere 'inconvenience' and thereby wrongly endorsed the discriminatory treatment meted out by the petitioners at the hands of the Government. Referring to the decision in Y.V.Rangaiah and Others v.J.Sreenivasa Rao and Others [(1983) 3 SCC 284], the learned senior counsel argued that Rule 10(3) of the Special Rules, 2008 is to be struck down as inconsistent with the scheme of Article 16 of the Constitution of India. The vacancies that occurred prior to the amended rules should be governed by the old rules and not by the amended rules, the learned senior counsel urged, referring to the ratio of Rangaiah’s case (supra).

9. The learned Government Pleader and the learned counsel appearing for the respondents contended that there is no illegality in drawing up Annexure A7 final seniority list, based on the date of promotion to the feeder category. They also submitted that Rule 10(3) of the Special Rules is consistent with Rule 27(c) of the Kerala State and Subordinate Service Rules.

10. For t