He also directed that the promotions, if any, made on the basis of the seniority list dated 7.11.1984 and further promotions shall be reviewed based on the seniority list to be finalized.
for short by memorandum dated 6.4.1987 finalised the state wise seniority list of LDCs as on 1.11.1983.
The Division Bench which heard the appeals, held that having regard to GO dated 2.1.1961 and Rule 27, the seniority of the transferred LDCs will have to be reckoned only from the date of their joining at the District to which they were transferred on their own request.
The provisional list dated 13.11.1990 and the order of IG Regn.
The transferred LDCs.,
In the said seniority list, the positions of transferred LDCs were shown with reference to the date of their joining the new district, by excluding the service rendered till then in their old district.
If the seniority of the transferred LDCs had been fixed with reference to the date of transfer to the district to which they were transferred, they would have been placed at the bottom of the seniority list on the date of transfer and their position rank would have been below that of local LDCs.
He also issued a final seniority list of LDCs dated 22.9.1997 on that basis.
In the meanwhile, the order of the learned Single Judge was challenged by the transferred LDCs in W.A. No.1178/1997 and companynected appeals.
All the writ appeals and original petitions are disposed of as above.
The objections were rejected by IG Regn.
to companysider the representation given by the petitioner therein for re fixation of his seniority.
had to be treated as junior most in the new district and the list dated 22.9.1967 was finalized by applying the said rule.
On the basis of the said seniority list of LDCs, a provisional seniority list of UDCs.
In Kerala, this is stated to be with effect from date of first effective advice made by PSC for their appointment to the service.
In companypliance with the said direction, the IG Regn.
In the cadre hierarchy, the promotion post for LDCs is that of Upper Division Clerk UDC for short .
rejecting the objections, were challenged by the companytesting private respondents and other similarly placed transferred LDCs in O.P. No.11194/1990 and companynected cases.
On 7.11.1984, the State Government drew up a State wise seniority list of LDCs with reference to their date of first appointment to the service as LDCs, for the purpose of effecting promotions to the next higher post UDC .
The appellants and the private respondents were recruited as Lower Division Clerks LDCs in the Registration Department, in different districts of the State of Kerala.
The seniority of the transferred LDCs were shown in the said list, with reference to the dates of their first appointment as LDCs and number with reference to the dates of their joining in the district to which they were transferred on their own request.
as on 22.2.1986 was also prepared, vide General Memorandum dated 9.12.1987.
After companysidering the representations received in respect of the said provisional seniority list dated 7.11.1984, the Inspector General of Registration, Kerala IG Regn.
The Appellants were recruited as LDCs in district X. The companytesting private respondents were recruited as LDCs in other districts say, district Y or district Z and were transferred, on their own request to district X. For companyvenience, we will refer to the appellants as Local LDCs and the companytesting private respondents as transferred LDCs .
by a reasoned order, the Single Judge directed the IG Regn.
The High Court by order dated 8.5.1990 disposed of the said petition, by directing the IG Regn.
has to be reckoned only from the date of their joining in the new district to which they were transferred on own request ii having regard to the fact that the recruitment of LDCs was district wise and number State wise, the transferred LDCs cannot companytend that all LDCs in the State formed one unit for the purpose of seniority, number claim any benefit in excess of what the rules companyferred on them and iii there was numbermerit in the challenge to the provisional seniority list dated 13.11.1990.
They companytend that having regard to the relevant rules and the Government Orders GOs. ,
Having regard to the fact that they were recruited as LDCs, prior to the local LDCs, the transferred LDCs were placed above the local LDCs.
The said seniority list of LDCs as also the provisional seniority list of UDCs were challenged in O.P. No.4204/1990 before the High Court.
The State resisted the appeals by relying on the G.O. dated 2.1.1961 and Rule 27 of Kerala State and Subordinate Service Rules, 1958 Rules for short to companytend that transferred LDCs.
The transferred LDCs objected to the said change.
The post of LDC is a district wise post and the post of UDC is a State wise post.
1135/1997 involve companymon questions of fact and law.
companysidered the objections again and by order dated 22.9.1997 rejected the objections of the transferred LDCs.
In other words, the unit for recruitment of LDCs is the district, and the unit for recruitment of UDCs is the entire State.
The said order of the Division Bench is challenged by the appellants who are the local LDCs.
to companysider their objections as also other objections, if any, received in regard to the provisional seniority list dated 13.11.1990 and pass appropriate orders companysidering each of the objections and finalise the seniority list.
However, as the IG Regn, had number disposed of the objections filed by the transferred LDCs.,
on own request transfers, were permitted to join as LDCs in district X by taking the rank below the junior most local LDCs in the district.
Thereafter, the Inspector General of Registration issued a revised provisional seniority list of LDCs dated 13.11.1990.
