The High Court dismissed the original petition holding that while seniority reckoning before probation completion warranted promotion review, no reversion arose as the petitioner was retired, and the Tribunal extended maximum relief impacting retiral benefits.
The original petition is dismissed with no costs directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR.JUSTICE A.M.BABU
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
OP(KAT).No. 201 of 2014
AGAINST THE ORDER DATED 16-05-2014 IN T.A.NO.3891/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
P.MOHAMMED ASARAF, S/O.MOIDUNNI, DISTRICT HEAD SURVEYOR, COLLECTORATE, CIVIL STATION, KOZHIKODE, RESIDING AT MUDAPPILLAVIL HOUSE, THALAKKULATHUR P.O, KOZHIKODE, KERALA 673 317.
BY ADV. SMT.SUMATHY DANDAPANI (SR.) ADV.SRI.MILLU DANDAPANI ADV.SRI.PREMCHAND R. NAIR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001.
2 THE DIRECTOR OF SURVEY AND LAND RECORDS VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695 001.
BY SR. GOVERNMENT PLEADER SRI.T. RAJASEKHARAN
THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 05.03.2019, THE COURT ON
06.03.2019 DELIVERED THE FOLLOWING:
OP(KAT)201/2014
-: 2 :-
Judgment
Chitambaresh, J.
1.The seniority was reckoned even before the completion of probation warranting a review of the promotions granted to the petitioner in tune with Rule 5 of Appendix XIIA of Part I of the Kerala Service Rules. The fact that the petitioner was on leave without allowances for 13 long years from 7.8.1986 till 21.3.1999 even before the completion of probation was omitted to be noticed earlier. The department is well empowered to correct this patent mistake and the same cannot be glossed over on the ground of sit back theory as is contended by the petitioner.
2.The Tribunal has however protected the excess salary paid to the petitioner in the promoted posts and no question of reversion of the petitioner arises as he has retired from service on superannuation. The Tribunal has correctly found that Ext.P11 notice proposing review of promotions and Ext.P14 communication consequently passed do not suffer from any infirmity in law. We find that the Tribunal has extended the maximum relief to the petitioner and the review of promotions
OP(KAT)201/2014
-: 3 :-
may at best have an impact on the retiral benefits which is inevitable.
The original petition is dismissed. No costs.
Sd/-
V. CHITAMBARESH, JUDGE
Sd/A.M. BABU, JUDGE
Sha/050319
OP(KAT)201/2014
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | PHOTOCOPY OF ORDER DATED 16.05.14 IN T.A. NO.3891 OF 2012 OF KERALA ADMINISTRATIVE TRIBUNAL. |
|---|---|
| EXHIBIT P2 | PHOTOCOPY OF THE ORDER NO. SURVEY A2.20453/2002 DATED 30.12.2003 OF THE 2ND RESPONDENT REFERRED TO IN THE ORIGINAL PETITION (KAT). |
| EXHIBIT P3 | PHOTOCOPY OF THE T.A.NO.3891 OF 2012 (AMENDED WRIT PETITION NO.8901 OF 2010) DATED 21.4.2010 FILED BY THE PETITIONER BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, WITH EXHIBITS P1 TO P14. |
| EXHIBIT P3(A) | TRUE COPY OF M.A.NO.1208/2013 DATED 19.5.2013 IN TA.NO.3891 OF 2012 (WP(C)NO. 8901 OF 2010 FILED BY THE APPLICANT BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM WITH ANNEXURES. |
| EXHIBIT P3(B) | TRUE COPY OF M.A.NO. OF 2014 DATED 18.1.2014 IN TA 3891 OF 2012 (WPC.NO.8901 OF 2010 FILED BY THE APPLICANT BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM WITH ANNEXURES. |
| EXHIBIT P3(C) | TRUE COPY OF MA.NO. OF 2014 DATED 9.5.2014 IN TA 3891 OF 2012 (WPC.NO.8901 OF 2010 FILED BY THE APPLICANT BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM WITH ANNEXURES. |
| EXHIBIT P4 | PHOTOCOPY OF COUNTER AFFIDAVIT DATED 16.11.2010 FILED BY THE 2ND RESPONDENT IN WPC,NO.8901 OF 2010 BEFORE THIS HONOURABLE COURT. |
| EXHIBIT P5 | PHOTOCOPY OF THE COUNTER AFFIDAVIT DATED 13.10.2011 FILED BY THE IST RESPONDENT IN WPC.NO.8901 OF 2010 BEFORE THIS HONOURABLE COURT. |
| EXHIBIT P6 | PHOTOCOPY OF REPRESENTATION DATED 15.11.2013 SUBMITTED BY THE PETITIONER |
OP(KAT)201/2014
-: 5 :-
| BEFORE THE ASSISTANT DIRECTOR, SURVEY RANGE, KOZHIKODE. |
|
|---|---|
| EXHIBIT P7 | PHOTOCOPY OF ORDER DATED 7.5.2014 IN TA.NO. 3891 OF 2012 (WPC NO.8901 OF 2010) OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. |
| EXHIBIT P8 | PHOTOCOPY OF REPRESENTATION DATED 8.5.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P8(A) | PHOTOCOPY OF THE ACKNOWLEDGMENT DATED 8.5.2014 VIDE NO.F2/08998/14 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT. |
| EXHIBIT P9 | PHOTOCOPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 24.9.2009 RENDERED IN WPC.NO. 26411 OF 2009-V. |
| EXHIBIT P10 | PHOTOCOPY OF PROCEEDINGS NO.B1-1825/13 DATED 30.5.2014 OF THE ASSISTANT DIRECTOR, SURVEY RANGE, KOZHIKODE. |
| EXHIBIT P11 | PHOTOCOPY OF ORDER NO.SURVEY SC1/6749/2014 DATED 1.7.2014 OF THE 2ND RESPONDENT, REFERRED TO IN THE AFFIDAVIT. |
| EXHIBIT P12 | COPY OF THE REPLY G3-33865/14 DATED 28.11.2014 FURNISHED BY THE STATE PIO OF THE OFFICE OF THE DIRECTOR OF SURVEY. |
RESPONDENTS' EXHIBITS: NIL
3 issues framed by the court
Whether the Tribunal correctly allowed review of promotions considering leave without pay during probation.
Whether the petitioner is liable for reversion of promotions post-retirement.
Whether excess salary paid without infirmity warrants correction of promotion order.
P. Mohammed Asaraf
State of Kerala
Director of Survey and Land Records Vazhuthacaud
V. Chitambareesh
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
