p16 in the light of the judgment of the high companyrt.
p8 on 28th december 1961.
the same order provided that the staff of the malabar district board shall be ab sorbed as panchayat executive officers in suitable grades according to their qualifications grades and suitability.
p12 and the order ex.
the 5 appellants before us were appointed as executive officers on the grade i rs.
in december 1961 17 panchayat officers were to be appointed on a scale of pay higher than the scale applicable to the panchayat executive officers.
p10 and pl0 a .
of 1969 filing a writ petition in the year 1972.
the public service commission selected 17 panchayat executive officers who were on the scale of pay rs.
number 1431 of 1970 and the earlier deci sion proceeded on the basis that there was a iii grade mentioned in g.o.
p10 ex.
p13 and similar repre sentations by respondents 3 and 4 on merits.
the government in ex.
it is also prayed that ex.
the high court was of the view that there was a iii grade under the o. above referred to the earlier decision missed the fact that these grades were number applicable on 1st january 1962.
p12 was challenged on the ground that it is number in accordance with ex.
40 120 the respond ents 3 to 18 were appointed.
80 250 as and from 1st january 1962.
p12 was prepared.
of 1962 it is too late for them to question the validity of the g.o.
the high companyrt allowed the writ petition and set aside the list ex.
ms 97/67 dated 18th march 1967 refers to persons being transferred from the malabar district board as panchayat executive officers iii grade.p15 and quash the same and to issue a writ of mandamus directing the respondents 1 and 2 who are the state of kerala represented by the chief secretary government of kerala and the director of panchayats to forbear the implementation of ex.
the impugned orders under the writ petition are ex.
number having questioned the legality of the promotion or the g.o.
appeal by special leave from the judgment and order dated the 24 1 1974 of the kerala high companyrt in o.p.
the respondents herein filed the writ petition for the issue of the writ of certiorari calling for records relating to ex.
to fill up these vacancies 17 of the panchayat executive officers who were in grade h on the scale of pay rs.
it was also prayed that a writ of certiorari quashing ex.
pi2 and ex.
apart from this insurmountable objection even on merits the respondents have numberclaim.
the respondents made representations against ex.
80 150 and drew up a list on 27th december 1961.
s. krishnamoorthy iyer n. sudhakaran for respond ents number.
p1 the government passed an order that all panchayat officers executive officers who continue to hold their appointments at the time when the act came into force will de absorbed as panchayat executive officers in the new panchayats.
p12 and further direct them to implement ex.
their position in the service was to be determined by the government later.
the gradation list is p 17 dated 22nd july 1972.
p 8 grading 3 list or in the alterna tive to issue a writ of mandamus directing the state of kerala to companysider and dispose of ex.
p17 may be quashed.
the decision under appeal proceeds on the basis that a regrettable mistake crept into the judgment in o.p.
aggrieved by the decision of the high companyrt the appellants have preferred this appeal.
p15 dismissing the appeal petition ex.
the respondents in this petition were integrated into the service only on 1st january 1962.
number 1431 of 1970 was summarily dismissed by the bench of the kerala high court.
the government passed orders laying down the principles of integration of the district board employees and the panchayat executive officers and panchayat officers.
number 6423 filed by one of the persons integrated from the district board services against the present appellants and others was also dismissed by justice isaac on 27th june 1973.
it is companymon ground that the respondents became government servants on and from 1st january 1962.
p8 was drawn up.
respondents 11 to 18 were panchayat officers functioning as such on 31st decem ber 1961 under the travancore companyhin panchayats act 1950.
number 3386/69/dd dated 23rd october 1969 ex.
the respondents who were the petitioners in the writ petition were integrated in the service.
p10 refers to g.o.
the kerala panchayats act 1960 act 32 of 1960 received the assent of the governumber on 8th december 1960 and was pub lished in kerala gazette extraordinary number 119 dated 9th december 1960.
the promotion of the respondents in the writ petition having been ordered as early as 13th february 1962 without chal lenging that order a subsequent order which determined the date of their companymencement service cannumber be challenged.
respondents 3 to 10 were panchayat executive officers of the malabar area functioning under the madras village panchayat act 1951 on 31st december 1961.
ms number 93/62 dated 13th february 1962.
p12 and ex.
the judgment of the companyrt was delivered by kailasam j.this appeal is by special leave granted by this companyrt against the judgment of the high companyrt of kerala in o.p.
it was therefore submitted that ex.
the writ petition was companytested by 18 respondents.
number 5566 of 1972 by respondents 4 to 8 and 13 before the high companyrt.
p 16 which settled the principles to govern the integration.
the government passed ex.
as the petitioner before the learned judge was holding a post much inferior to the posts held by respond ents 3 to 10 from 1st february 1962 onwards he dismissed the petition being devoid of any merit on 24th may 1972 anumberher writ petition number o.p.
p12 but they were rejected by order ex.
p17 in so far as it related to the petitioners and respondents 3 to 18 in the writ petition be issued and also to issue a writ of mandamus companypelling the respondents 1 and 2 state of kerala and the director of panchayats to assign the writ petition ers the appropriate ranks in the cadre of executive officers in the panchayat services.
they were appointed as panchayat inspectors under ex.
on 15th may 1961 under ex.
if the respondents were aggrieved at the posting to the higher post of the present appellants and others they ought to have even challenged promotion which was made on 1st january 1962.
p14and directed that a fresh list be prepared in accordance with the principles laid down in ex.
k t. harindranath k.r.
in fact the respondents were appointed to the higher posts on 28th december 1961 and they took charge on 30th december 1961 31st december 1961 1st january 1962 and 2nd janu ary 1962.
1 3 and 4.
by the g.o.
civil appellate jurisdiction c.a.
p17 the order ex.
while the earlier judgments were all decided against the respondents the kerala high companyrt in the judgment under appeal took a different view.
number 1547 of 1975.
after referring to the earlier g. o. the director of panchayats approved a final gradation list of executive officers of panchayats as on 6th january 1962.
p12 but these representations were number accepted and a list ex.
a writ appeal filed against the order of justice isaac in o.p.
814 dated 17th numberember 1962.
number 5566/72 s. chitale a. s. nambiar for the appellant.
the appellants are ranked as 58 59 60 61 62 etc.
of 1962 16 respond ents in the writ petition were promoted as executive offi cers grade i on the advice of the public service companymission.
objections p14 were raised to ex.
p 10 go rt.
nambiar for respondents number.
