The Court dismissed a writ petition challenging an order reverting an Assistant Engineer's promotion due to a mistake regarding Leave Without Allowance. The Court held that an authority can correct administrative mistakes though natural justice must be followed and monetary benefits not recovered.
The writ petition is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931
WP(C).No. 31990 of 2009(P)
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PETITIONER:
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P.S.BABU, ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION OFFICE, KERALA STATE ELECTRICITY BOARD, VALAPPAD, P.O.EDAMUTTOM, THRISSUR.
BY ADV. MR. ELVIN PETER P.J. SMT. POOJA SURENDRAN
RESPONDENTS:
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1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA STATE ELECTRICITY BOARD - REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.
3. THE CHIEF ENGINEER (H.R.M.), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kkms/
ANTONY DOMINIC, J.
W.P.(C.) No.31990 of 2009
Dated, this the 10th day of November, 2009
J U D G M E N T
The petitioner is working as an Assistant Engineer under the respondent Board. While he was working as Sub Engineer, he availed of Leave Without Allowance with effect from 31/10/1995 to 06/02/2002. He rejoined duty on 07/02/2002. He was promoted as Assistant Engineer on 03/11/2006.
WP(C) No.31990/2009
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in Shekhar Ghosh v. Union of India & Anr. (2007(1) SCC 331).
Evidently, Ext.P1 shows that a mistake has been committed, and the mistake has also been rectified by Ext.P1, within three years of its commission, namely 21/10/2009. In my view, if an Administrative Authority has committed a mistake, such mistaken act or order will not create any right on the employee, and the Administrative Authority is always entitled to correct the mistake committed. However, the only qualification may be that in certain circumstances, principles of natural justice should be complied with, and that the monetary benefits derived by the employee should not be recovered. Apart from that, no Court will be justified in preventing an Authority from correcting a mistake. The judgment relied on by the learned counsel for the petitioner, also does not lay down principle contrary to the above.
The writ petition fails and is accordingly dismissed.
(ANTONY DOMINIC, JUDGE)
jg
2 issues framed by the court
Whether a writ petition against an order revoking a promotion due to an administrative mistake in reckoning Leave Without Allowance period can succeed based on the long lapse of time.
Whether an Administrative Authority is entitled to correct a mistake committed in an order affecting an employee's promotion even if significant time has elapsed.
Colour shows how this judgement treated each authority
Shekhar Ghosh v. Union of India & Anr.Explained¶25
Shekhar Ghosh v. Union of India & Anr. (2007(1) SCC 331) · Who else cites this
P.S.BABU
STATE OF KERALA
KERALA STATE ELECTRICITY BOARD
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
