K. R. BABU versus STATE OF KERALA & ORS.

Citation: [2017] 8 S.C.R. 310 · Decided: 21-09-2017 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
[2017) 8 S.C.R. 310 
K. R. BABU 
v. 
STATE OF KERALA & ORS. 
(Civil Appeal No. 7849 of2009) 
SEPTEMBER 21, 2017 
[KURIAN JOSEPH AND R. BANUMATHI, JJ.[ 
Service law - Seniority - Effective date of advice -
Determination of - Held: Seniority is determined on the basis of 
C effective date of advice - Advice is based on the list prepared by 
the Public Service Commission on the basis of comparative merit in 
the selection and on the basis of principles of communal rotation -
Appointment is made pursuant to the advice - On facts, as regards 
respondent's grievance to be entitled to be advised from the rank 
list , High Court rightly held that respondent should have been 
D advised at least after the last advice as on the date of the judgment 
and that the seniority of all those candidates advised and appointed 
already should not be disturbed - Respondent entitled to take a 
position below the 83 rd candidate for the purposes of seniority, 
having regard to the next advisable vacancy, which is the effective 
E advice - Immediate senior to respondent was advised on 05.01.1998 
and was appointed in the cadre of Excise Inspector thereafter -
Thus, respondent is entitled to get the advice after the last advice 
from the 1992 list i.e. 05.01.1998, which is the effectively advisable 
vacancy for the respondent - Respondent entitled to his seniority 
based on the effective date of advice in the next advisable vacancy 
F namely, 01. 04.1999 - On the basis of the revision of seniority, 
respondent to be given the appropriate appointments and promotion 
- Kerela State and Subordinate Service Rules, 1958 - r. 27. 
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7849 
of2009. 
From the Judgment and Order dated 04.12.2006 of the High Court 
of Kerala at Emakulam in W. A. No. 1374 of 2006. 
WITH 
C. A. No. 7913 of2009. 
310 
K. R. BABU v. STATE OF KERALA & ORS. 
3.11 
Dhruv Mehta, Jaideep Gupta, Sr. Advs., A. Raghunath, Kodoth 
A 
Sreedharan Nair, G Prakash, Nishe Rajen Shonker, K. Joy, Abdul Kabeer, 
Subramonium Prasad, Renjith B. Marar, Lakshmi N. Kaimal, 
Lakshmeesh B. Karnath, Ms. Vasudha Gupta, Kodoth Sreedham Nair, 
Vipin Nair, P. B. Suresh, Abhay Pratap Singh, Advs. for the appearing 
parties. 
The Judgment of the Court was delivered by 
KURIAN, J. 1. Advice, effective date of advice, appointment, 
joining, seniority and their interplay constitute the subject of discussion in 
this case. 
2. I.A. No.1/2008, in C.A. No.7913/2009, is allowed. 
3. Under Rule 27 ofKerala State and Subordinate Service Rules, 
1958 (hereinafter called 'the General Rules) seniority is to be determined 
on the basis of the effective date of advice. The Rule reads as follows:-
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c 
"27. Seniority.-(a) Seniority of a person ina service, class, category D 
or grade shall, unless he has been reduced to a lower rank as 
punishment, b~ determined by the date of the order of his first 
appointment to such service, class, category or grade. 
Explanation:-For the purposes of this sub-rule, "appointment" shall 
not include appointment under rule 9 or appointment by promotion 
E 
under rule 31. 
xxx 
xxx 
xxx 
(b) xxx 
xxx 
xxx 
( c) Notwithstanding anything contained in clauses (a) and (b) above, 
the seniority ofa person appointed to a class; category or grade in 
a service on the advice of the Commission shall, unless he has 
been reduced to a lower rank as punishment, be determined by 
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the date of first effective advice made for his appointment to 
'such class, category or grade a'nd when two or more persons are 
included in the same list of candidates advised, their relative seniority 
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shall be fixed according to the order in which their names are 
. arranged in t!re·advice list. 
.. 
' . 
xxx 
xxx 
xxx" 
4. Advice and appointment are two different events. Advice is 
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312 
SUPREME COURT REPORTS 
[2017) 8 S.C.R. 
A based on the list prepared by the Public Service Commission on the 
basis of comparative merit in the selection and on the basis of principles 
of communal rotation. Appointment is made pursuant to the advice. 
One who is close to the place may join immediately. On the other hand, 
one may require a few days to travel to join the post, depending on the 
B distance. One may join even a few days after the date of advice. There 
may also be situations of delay on the part of the appointing authority in 
issuing orders of appointment. It is in that context that the Rule 
specifically provides that the seniority will depend on the da
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