Disposed

K.Radhakrishnan v. State of Kerala

Kerala HC13 Nov 2009WP(C)/6566/2006

Case brief

AI extract

What is this about?

The Court directed the 2nd respondent to reconsider the petitioner's pending representations regarding retrospective promotion in light of a specific judgment, ordering the final decision to be passed within two months of the judgment.

What did the court decide?

The 2nd respondent is directed to consider the petitioner's representations on Ext.P6 and P7 and pass orders within two months of the judgment date.

K.Radhakrishnan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931

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WP(C).No. 6566 of 2006(F)

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-------------------------

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PETITIONER(S):

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-------------------

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K.RADHAKRISHNAN, SENIOR SUPERINTENDENT, RURAL DEVELOPMENT DEPARTMENT (RETD.) RESIDING AT SITHARA, ANAKKAYAM P.O, MALAPPURAM DT.

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BY ADV. SRI.M.SASINDRAN

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RESPONDENT(S):

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-------------------

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE COMMISSIONER OF RURAL DEVELOPMENT, THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SRI.ANTONY MUKATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.6566/06

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: PROCEEDI	A TRUE COPY OF THE SENIORITY LIST PUBLISHED AS PER NGS DT 1.5.1994.
EXT.P2:	A TRUE COPY OF THE GOVERNMENT ORDER DT 31.3.2001.
EXT.P3: PROCEEDI	A TRUE COPY OF THE SENIORITY LIST PUBLISHED AS PER NGS DT 29.6.2001.
EXT.P4: 9.6.2003.	A TRUE COPY OF THE JUDGMENT IN OP NO.24791/2002 DT
EXT.P5:	A TRUE COPY OF THE ORDER DT 6.2.2004.
EXT.P6:	A TRUE COPY OF THE REPRESENTATION DT 11.2.2004.
EXT.P7:	A TRUE COPY OF THE REMINDER LETTER DT 20.7.2004.
EXT.P8:	A TRUE COPY OF THE COMMUNICATION DT 26.2.2005.
EXT.P9:	A TRUE COPY OF THE REPRESENTATION DT 30.6.2005.
EXT.P10: THE 2ND R	A TRUE COPY OF THE REPRESENTATION DT 31.10.2005 BEFORE ESPONDENT.
EXT.P11: NO.1559 O	TRUE COPY OF THE INTERIM ORDER DT 6.12.2007 IN WA F 2004.
EXT.P12: 2004.	TRUE COPY OF THE JUDGMENT DT 14.1.2009 IN WA NO.1559 OF

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 6566 OF 2006 (F)

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=====================

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Dated this the 13^th day of November, 2009

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J U D G M E N T

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Petitioner was an Upper Division Clerk in the Revenue Department. He opted to come to the Rural Development Department w.e.f. 1/12/92. Ext.P1 is the seniority list of the optees like the petitioner in the Rural Development Department, where the petitioner is shown as Sl.No.7. He was promoted as Junior Superintendent and later, the post of Junior Superintendent was redesignated as Senior Superintendent by Ext.P2 dated 31/3/2001. It is stated that there was a revision in the seniority list in the Revenue Department and as a consequence, Ext.P3 revised provisional seniority list was published in the Rural Development Department as well. Thereafter, the petitioner was, as a consequence, reverted to the post of Head Clerk.

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Petitioner challenged Ext.P3 and his reversion by filing OP No.15285/2002. During the pendency of the original petition, Ext.P3 provisional seniority list was finalised, but however, by judgment rendered on 25/6/2003 this court set aside Ext.P3. The affected parties filed WA No.1718/04 against the judgment and it

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WPC 6566/06

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:2 :

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obtained an order directing them to maintain status quo. Based on the judgment in OP No.15285/2002, Ext.P5 order was issued on 6/2/2004 promoting the petitioner to the post of Senior Superintendent. Thereafter the petitioner submitted Exts.P6 and P7 representing that his promotion by Ext.P5 should be given retrospective effect from 31/3/2001, the date on which the post of Junior Superintendent was redesignated as Senior Superintendent. He was issued Ext.P8 reply informing that his request will be considered based on the disposal of WA No.1718/04. While so, on attaining the age of superannuation, petitioner retired from service on 31/12/2005. Petitioner has filed this writ petition praying to grant retrospective effect to his promotion and on that basis to revise his terminal benefits.

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Along with the reply affidavit, as Ext.P12, petitioner has produced a copy of the judgment of the Division Bench dismissing WA No.1718/04 and connected cases. In the light of Ext.P12, counsel submits that the petitioner is entitled to be given retrospective effect to his promotion.

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Learned Government Pleader confirms that Ext.P12 judgment has been implemented in the Rural Development

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WPC 6566/06

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:3 :

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Department. Therefore, the respondents also having accepted Ext.P12 judgment, they are bound to act in pursuance thereof, which means that the claim of the petitioner for retrospectivity to his promotion has to be considered on merits.

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Admittedly, Exts.P6 and P7 representations filed by the petitioner are still pending consideration of the 2^nd respondent. Therefore, the 2^nd respondent is directed to consider and pass orders on Exts.P6 and P7, in the light of the judgment in OP No. 15285/2002 and Ext.P12 judgment dismissing the appeals filed against the said judgment. Orders on Exts.P6 and P7 shall be passed, as expeditiously as possible, at any rate within two months of production of a copy of this judgment.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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K.Radhakrishnan v. State of Kerala

Case brief

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K.Radhakrishnan v. State of Kerala

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