This review petition challenges an order dismissing a writ petition regarding retrospective promotion cancellation. The Court allowed the review, holding the petitioner was denied an opportunity of hearing before the cancellation order.
Review Petition allowed; Writ Petition W.P.(C) No.11996 of 2012 restored and remanded to the appropriate court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
RP.No. 1150 of 2017
AGAINST THE JUDGMENT IN WP(C) 11996/2012 OF THIS HON'BLE COURT OF KERALA DATED 22-09-2017.
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REVIEW PETITIONER(S)/PETITIONER
O.A. ASOKA KUMARAN, U.D CLERK, (NOW RETIRED FROM SERVICE), SREE KRISHNA COLLEGE, GURUVAYOOR, THRISSUR DISTRICT.
BY ADVS.SRI.T.B.HOOD SMT.M.ISHA
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM 695 001.
3. THE MANAGER, SREE KRISHNA COLLEGE, GURUVAYOOR, THRISSUR DISTRICT, (ADMINISTRATOR, GURUVAYOOR DEVASWOM GURUVAYOOR, THRISSUR DISTRICT).
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN R3 BY SRI.V.KRISHNA MENON
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
A. MUHAMMED MUSTAQUE, J.
O R D E R
This review petition is filed by the writ petitioner. The petitioner is working at Sree Krishna College, Guruvayoor, which is an aided College. The petitioner was given promotion as Upper Division Clerk as per Ext.P7. 01.07.2006. Petitioner submits that he is entitled to get promotion from 2002 onwards (viz, 25.07.2002) based on the qualification he acquired. Petitioner's request for retrospective promotion was declined by Ext.P9 order. Challenging this Ext.P9 order, the petitioner has approached this Court.
R.P. No. 1150 of 2017 in W.P.(C) No. 11996 of 2012
-:2:-
petitioner with effect from 01.07.2006 was cancelled, therefore, the petitioner amended the writ petition, challenging Ext.P17.
In the light of the above contentions put forward, this Review Petition is allowed. The writ petition, W.P.(C) No.11996 of 2012, is restored. Post the writ petition before appropriate Court having roster.
Sd/-
A. MUHAMMED MUSTAQUE, JUDGE
ttb/02.04.
2 issues framed by the court
Whether the petitioner was denied a hearing before his retrospective promotion was cancelled.
Whether the Review Petition challenging the High Court's dismissive order should be allowed.
O.A. ASOKA KUMARAN
STATE OF KERALA
THE DIRECTOR OF COLLEGIATE EDUCATION
THE MANAGER, SREE KRISHNA COLLEGE
A. MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
