Kerala High Court
Lother L.Pereira vs G.Rajan on 10 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
OP(KAT) NO. 57 OF 2023
AGAINST THE ORDER DATED 02.02.2022 PASSED IN OA NO.1293 OF 2020
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM(ADDITIONAL
BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 30, 31 AND 33 :
1 LOTHER L.PEREIRA,
AGED 41 YEARS
SON OF LAWRENCE G. PEREIRA, ASSISTANT EXCISE RANGE
OFFICE, KUZHALMANNAM, PALAKAD
NOW RESIDING AT PUTHUVAL PURAYIDATHIL HOUSE,
VARODE P.O, OTTAPALAM, PALAKKAD DISTRICT,
PIN - 679102
2 MANOJ KUMAR G.M.,
AGED 47 YEARS
S/O. G.P.MOHANDAS, ASSISTANT EXCISE INSPECTOR, EXCISE
RANGE OFFICE, OTTAPALAM, PALAKKAD DISTRICT,
PIN: 679 101, RESIDING AT LAKSHMI NIVAS, OPPOSITE
SEMALIK HOSPITAL ROAD, KANNIYAMPURAM P.O., OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679104
3 K.T.SHANOOJ,
AGED 45 YEARS
S/O.SIDHEEQUE, ASSISTANT EXCISE INSPECTOR, EXCISE
RANGE OFFICE, CHERUPULASERRY, PALAKKAD DISTRICT,
PIN: 679 503 RESIDING AT MELEKKALAM HOUSE, MANNARKAD
COLLEGE P.O, PALAKKAD DISTRICT., PIN - 678583
BY ADVS.
K.JAGADEESH
V.RENJU
RESPONDENTS/APPLICANTS AND RESPONDENTS 1 TO 29, 32, 34 TO 39 :
1 G.RAJAN,
EXCISE INSPECTOR, EXCISE CHECK POST, AMARAVILA,
THIRUVANANTHAPURAM - 695 122, RESIDING AT ANUJA
BHAVAN, MALAPPARIKONAM, POWDIKONAM P.O,
THIRUVANANTHAPURAM- 695588, NOW WORKING AS EXCISE
INSPECTOR, OFFICE OF JOINT EXCISE COMMISSIONER, SOUTH
ZONE, THIRUVANANTHAPURAM, PIN - 695001
OP(KAT)No.57 of 2023
2
2 AJAYAKUMAR A.K,
EXCISE INSPECTOR, EXCISE DIVISIONAL OFFICE, EAST
FORT, THIRUVANANTHAPURAM 695 023, RESIDING AT
NEELAMBARI, MALAYAM P.O, MALAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695571
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 EXCISE COMMISSIONER,
EXCISE HEADQUARTERS, BAKERY JUNCTION ROAD,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
5 DEPUTY COMMISSIONER OF EXCISE,
FORT, ATTAKULANGARA P.O., THIRUVANANTHAPURAM,
KERALA, PIN - 695023
6 NISHAD A.,
EXCISE PREVENTIVE OFFICER, OFFICE OF THE
ADDITIONAL EXCISE COMMISSIONER (ENFORCEMENT),
EXCISE COMMISIONERATE, THIRUVANANTHAPURAM,
KERALA-695033
NOW WORKING AS EXCISE INSPECTOR, EXCISE CIRCLE
OFFICE, KUNNATHOOR, KOLLAM DISTRICT, PIN -
690540
7 AJAYAN PILLAI S.,
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
THRISSUR, THRISSUR DISTRICT-680001 NOW WORKING
AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE
OFFICE, ANCHAL, KOLLAM DISTRICT, PIN - 691306
8 ABDUL VAHAB,
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
INRINJALAKUDA, THRISSUR DISTRICT-680121 NOW
WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE
RANGE OFFICE, EZHUKONE, KOLLAM DISTRICT, PIN -
691505
9 DINESH B.,
EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL
OFFICE, KOLLAM, KOLLAM DISTRICT-691001 NOW
WORKING AS EXCISE INSPECTOR, EXCISE RANGE
OFFICE, CHITTAR, IDUKKI DISTRICT
10 SHYAM KUMAR,
EXCISE PREVENTIVE OFFICER, EXCISE ENFORCEMENT
AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM, KOLLAM
DISTRICT-691001 NOW WORKING AS EXCISE INSPECTOR,
EXCISE RANGE OFFICE, ARYANAD, THIRUVANANTHAPURAM
OP(KAT)No.57 of 2023
3
DISTRICT, PIN - 695542
11 S.SIYAD,
EXCISE PREVENTIVE OFFICER, CIRCLE OFFICE,
THIRUVALLA, PATHANAMTHITTA DISTRICT-689645 NOW
WORKING AS EXCISE INSPECTOR, EXCISE CHECK POST,
MANDAPATHIN KADAVU, THIRUVANANTHAPURAM DISTRICT,
PIN - 695125
12 RATHEESH R.,
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
PAZHAYANNUR, THRISSUR DISTRICT-680587 NOW
WORKING AS EXCISE INSPECTOR, EXCISE RANGE
OFFICE, KATTAKADA, THIRUVANANTHAPURAM, PIN -
695572
13 THOMAS DEVASSY,
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION
BUREAU, THRISSUR, THRISSUR DISTRICT-680020 NOW
WORKING AS EXCISE INSPECTOR, EXCISE CHECK POST
GOPALAPURAM, PALAKKAD DISTRICT, PIN - 678555
14 PRADEEP V.S
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVSETIGATION
BUREAU, THRISSUR, THRISSUR DISTRICT-680020 NOW
WORKING AS EXCISE INSPECTOR, EXCISE RANGE
OFFICE, MATTANCHERY, ERNAKULAM DISTRICT, PIN -
682002
15 PRAMOD K.P,
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
COMMISSIONER, NANDAVANAM, THIRUVANANTHAPURAM-
695033 NOW WORKING AS ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR,
ALAPUZHA DISTRICT, PIN - 689121
16 LATHEESH S,
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION
BUREAU, THRISSUR, THRISSUR DISTRICT-680020 NOW
WORKING AS ASSISTANT EXCISE RANGE INSPECTOR,
EXCISE RANGE OFFICE, PATHANAPURAM, KOLLAM
DISTRICT, PIN - 689695
17 SUDHEER K.K.,
EXCISE PREVENTIVE OFFICE, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION
BUREAU, THRISSUR, THRISSUR DISTRICT-680020 NOW
WORKING AS EXCISE INSPECTOR, EXCISE CHECK POST,
VETTILAPARA, THRISSUR DISTRICT, PIN - 680721
OP(KAT)No.57 of 2023
4
18 KRISHNARAJ P.S
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION
BUREAU, THRISSUR, THRISSUR DISTRICT-680020 NOW
WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE
RANGE OFFICE, CHADAYAMANGALAM, KOLLAM DISTRICT,
PIN - 691534
19 K.NISHANTH,
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
CHERPALASERRY, PALAKKAD, PALAKKAD DISTRICT-
678006 NOW WORKING AS EXCISE INSPECTOR, EXCISE
RANGE OFFICE, PALAKKAD, PALAKKAD DISTRICT, PIN -
678001
20 M.YOUNAS
EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
MANARKKAD, PALAKKAD DISTRICT- 678582 NOW WORKING
AS EXCISE INSPECTOR, EXCISE RANGE OFFICE,
HOSDURG, KASARAGOD DISTRICT, PIN - 671315
21 K.S.SAJITH
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
PARLI, PALAKKAD DISTRICT-678612 NOW WORKING AS
EXCISE INSPECTOR, EXCISE RANGE OFFICE,
MANJESHWARAM, KASARAGOD DISTRICT, PIN - 671323
22 SAHEER SHA B
EXCISE PREVENTIVE OFFICER, OFFICE OF THE JOINT
EXCISE COMMISSIONER, SOUTH ZONE,
THIRUVANANTHAPURAM-695001 NOW WORKING AS EXCISE
INSPECTOR, EXCISE CHECK POST, AMARAVILA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695122
23 PRAMOD T.A,
EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL
OFFICE, IRON BRIDGE, ALAPUZHA P.O, ALAPUZHA
DISTRICT-688011 NOW WORKING AS EXCISE INSPECTOR,
EXCISE RANGE OFFICE, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN - 683513
24 PRIYA LAL T
EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL
OFFICE, IRON BRIDGE, ALAPUZHA P.O, ALAPUZHA
DISTRICT-688011 NOW WORKING AS EXCISE INSPECTOR,
COMMISSIONERTE OF EXCISE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
25 JINJU D.S
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
CHAVAKKAD, THRISSUR DISTRICT-680506 NOW WORKING
AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE
OFFICE, KOTTARAKKARA, KOLLAM DISTRICT, PIN -
691506
OP(KAT)No.57 of 2023
5
26 ARUN M
EXCISE PREVENTIVE OFFICER, OFFICE OF THE JOINT
EXCISE COMMISSIONER, SOUTH ZONE,
THIRUVANANTHAPURAM-695001 NOW WORKING AS EXCISE
INSPECTOR, AWARENESS PROGRAMME
CO-OERDIINATOR, OFFICE OF THE JOINT EXCISE
COMMISSIONER, EXCISE HEAD QUARTERS, NANDAVANAM,
THIRUVANANTHAPURAM, PIN - 695033
27 DEEPAK B
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
KATTAPANA, IDUKKI DISTRICT-685508 NOW WORKING AS
EXCISE INSPECTOR, EXCISE CHECK POST,
MAVILAKKADAVU, THIRUVANANTHAPURAM DISTRICT, PIN
- 695133
28 REJI J
EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
COMMISSIONER, NANDAVANAM, THIRUVANANTHAPURAM-
695033 NOW WORKING AS EXCISE INSPECTOR, EXCISE
RANGE OFFICE, RANNY, PATHANAMTHITTA DISTRICT,
PIN - 689672
29 PRASAD A.B
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
KUNNAMKULAM, THRISSUR DISTRICT-680503 NOW
WORKING AS EXCISE INSPECTOR, EXCISE CHECK POST,
GOVINDAPURAM, PALAKKAD DISTRICT, PIN - 678507
30 ANIMON ANTONY
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
KUTHIYATHODE, VALAMANGALAM P.O, ALAPUZHA
DISTRICT-688532 RESIDING AT KOLLASSERI HOUSE,
EXHUPUNNA SOUTH, CHERTHALA, ALAPUZHA DISTRICT-
688532 NOW WORKING AS ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM,
ALAPUZHA DISTRICT, PIN - 690502
31 SAJI V
ASSISTANT EXCISE INSPECTOR GRADE, EXCISE
INTELLIGENCE AND INVESTIGATION BUREAU,
KAZHAKOOTTAM, THIRUVANANTHAPURAM-695582 RESIDING
AT TC.50/203(3), MAKAYIRAM, THAIVILA, KALADY
SOUTH, KARAMAN P.O, THIRUVANANTHAPURAM-695002
NOW WORKING AS ASSISTANT EXCISE INSPECTOR,
EXCISE RANGE OFFICE, NEDUMANGAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
32 SANTHOSH KUMAR P
EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
PALAKKAD, PALAKKAD DISTRICT-678001 RESIDING AT
PONNATH HOUSE, AGRAHARAM, MATHUR, PALAKKAD
DISTRICT-678001 NOW WORKING AS ASSISTANT EXCISE
OP(KAT)No.57 of 2023
6
INSPECTOR, EXCISE RANGE OFFICE, THRITHALA,
PALAKKAD DISTRICT, PIN - 679534
33 RAJITH R
EXCISE PREVENTIVE OFFICER, EXCISE CHECK POST,
GOVINDAPURAM ROAD, PALAKKAD DISTRICT-678507
RESIDING AT CHEMBAKASEERIL HOUSE, S.V.MARKET
P.O., KOZHIKODE MEKKU, KARUNAGAPPALLY, KOLLAM
DISTRICT-690573 NOW WORKING AS ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, AGALI, PALAKKAD
DISTRICT, PIN - 678581
34 K.BIJU
ASSISTANT EXCISE INSPECTOR GRADE , EXCISE CIRCLE
OFFICE, HARIPAD, ALAPUZHA DISTRICT-690514
RESIDING AT KRISHNABHAVANAM, MATTOM SOUTH,
THATTARAMBALAM P.O.-690103, NOW WORKING AS
ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE,
PARAVOOR, ERNAKULAM DISTRICT, PIN - 683513
35 ANIL KUMAR
ASSISTANT EXCISE INSPECTOR GRADE, EXCISE CIRCLE
OFFICE, VAIKKOM, KOTTAYAM DISTRICT-686141
RESIDING AT ANIL NIVAS, CHEMMANATHUKARA,
VAIKKOM, KOTTAYAM-686606 NOW WORKING AS
ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE,
DEVIKULAM, IDUKKI DISTRICT, PIN - 685613
36 P.R.ANUKUMAR
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
VATANAPILLY, MINI CIVIL STATION, THRIPRAYAR,
THRISSUR DISTRICT-680567 RESIDING AT
PADATHUPARAMBIL HOUSE, ASWATHI, CHELLORKAVU
TEMPLE ROAD, CHELLOOR, IRINJALAKUDA, THRISSUR
DISTRICT-680121 NOW WORKING AS ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, KOLAZHY,
THRISSUR DISTRICT, PIN - 680010
37 A. SHAMSUDEEN
EXCISE PREVENTIVE OFFICER, COMMISSIONERATE OF
EXCISE, THIRUVANANTHAPURAM-695033 RESIDING AT
MEHER MAHAL, PALAKULANGARA NAGAR-48,
KALLUMTHAZHAM, KOLLAM-691004 NOW WORKING AS
ASSISTANT EXCISE INSPECTOR GRADE, EXCISE
COMMISSIONERATE, THIRUVANANTHAPURM, PIN - 695001
38 V.A.SHAJAHAN
ASSISTANT EXCISE INSPECTOR GRADE,
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-
695033 RESIDING AT ABINS, S.K.NAGAR, VADAKKEVILA
P.O., KOLLAM DISTRICT-691010 NOW WORKING AS
ASSISTANT EXCISE INSPECTOR GRADE, EXCISE RANGE
OFFICE, KOLLAM, KOLLAM DISTRICT, PIN - 691001
OP(KAT)No.57 of 2023
7
BY ADVS.
ARAVINDA KUMAR BABU T.K.
V.VARGHESE
M.SASINDRAN
SAJU JOHN(K/618/1993)
M.FATHAHUDEEN
SANDRA SUNNY
ARUN KUMAR M.A
SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT)No.57 of 2023
8
JUDGMENT
A.Muhamed Mustaque, J.
The Government of Kerala, by proceedings of the Additional Excise Commissioner dated 02.01.2013, prepared Statewise final seniority list of the Excise Preventive Officers for the period from 01.07.2003 to 31.12.2008. Prior to publication of provisional final list, there was Statewise provisional seniority list. Provisional seniority list was published on 26.09.2012. This list is prepared for further promotion as Assistant Excise Inspector as a Statewise unit. Up to the post of Excise Preventive Officers, this list is considered as unit wise for the purpose of seniority. An entire unit is put together for the purpose of preparation of seniority list of Excise Preventive Officers for further promotion as Assistant Excise Inspector in the State. There was a challenge against the list prepared at the instance of the direct recruitment at the instance of respondents 6 to 29 in O.A.No.1666 of 2016 before the Tribunal. Their grievance OP(KAT)No.57 of 2023 9 was that the promotees were granted seniority over them by assigning seniority from an anterior date. The Tribunal directed the Government to consider their grievances.
2. The short issue that was required to be considered by the Government, whether inter se seniority between direct recruitees and promotees were rightly followed or not. The Government, by an order dated 14.05.2020, found that there are anomalies within the assigning of seniority within the promotees and ordered rectification of this anomalies. This was questioned by those who have been promoted based on the order dated 02.01.2013, who are respondents 1 and 2. Respondents 6 to 29 are the applicants in O.A.No.1666 of 2016. Respondents 6 to 29 who originated the challenge took a stand that they do not have a further grievance in the matter. The applicants herein got impleaded in the proceedings. They supported the Government order ordering rectification of the anomalies. The Tribunal allowed challenge. This is how the petitioners approached OP(KAT)No.57 of 2023 10 this Court in this original petition. It is now submitted that there was subsequent seniority list for the period from 01.01.2009 to 19.08.2011 and the petitioners also have raised the challenge regarding the assignment of seniority in this list as well as in the original list.
3. We are not going into the merit of this issue for simple reason that Annexure A6 has been set aside by the Tribunal. Annexure-A6 was not originated from any proceedings or initiated by the petitioners. If they had an independent cause of action to challenge any assignment of seniority list, they ought to have resorted for such remedy. In that, they will have to also explain the delay for approaching the Tribunal or challenging the seniority list of 02.01.2013. These are all independent remedies available to them. They cannot now benefit from a passive challenge made by the third party as against the proceedings and expand horizons of lis. In every lis practise and procedure matters. If the petitioners are really aggrieved by seniority list prepared on 02.01.2013, OP(KAT)No.57 of 2023 11 they will have to resort to challenge the same. They cannot indirectly challenge it through a proceedings which are not meant adjudicate such issues.
4. We, therefore, are of the view that the petitioners' remedy is to challenge seniority list of 02.01.2013 by way of a separate challenge, not in a proceedings originated based on a challenge made by them. Therefore, leaving open and reserving liberty to the petitioners to challenge the same, we dismiss this original petition.
This original petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE rkj OP(KAT)No.57 of 2023 12 APPENDIX OF OP(KAT) 57/2023 PETITIONER EXHIBITS Exhibit.P1 PHOTOSTAT COPY OF THE O.A.NO.1293 OF 2020 FILED BEFORE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 24-8-2020 Exhibit.P2 PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY ADDITIONAL RESPONDENTS 29 TO 38 IN O.A.NO.1293 OF 2020 DATED 18-7-2021 Exhibit.P3 PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY THE STATE IN O.A.NO.1293 OF 2020 DATED 11-1-2021.
Exhibit.P4 PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 4 TO 27 IN O.A.NO.1293 OF 2020.
Exhibit.P5 PHOTOSTAT COPY OF THE ORDER IN
O.A.NO.1293 OF 2020 OF THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM DATED 2-2-2022.