The High Court of Kerala dismissed the original petition challenging the order of the Kerala Administrative Tribunal. The court held that under Rule 23 (c) of Part I of the Kerala Service Rules, back arrears are not admissible for notional promotions and thus the denial was lawful.
The Original Petition is dismissed.
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
MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
OP(KAT).No. 50 of 2019
AGAINST THE ORDER/JUDGMENT IN OA 187/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
MANOJITH PASAND, AGED 54 YEARS S/O.K.N.CHANDRASEKHARAN NAIR, ASSISTANT DEVELOPMENT COMMISSIONER PERFORMANCE AUDIT, CIVIL STATION, KOZHIKODE-673020, RESIDING AT KALAPURACKAL, KANJIRAKODE.P.O, THRISSUR -680590.
BY ADVS. SRI.SAJU JOHN SRI.V.VARGHESE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
SRI.ANTONY MUKKATH-GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 18.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP(KAT).No. 50 of 2019
JUDGMENT
V.CHITAMBARESH, J.
Rule 23 (c) of Part I of the Kerala Service Rules is specific that back arrears of pay and allowances are not admissible in the case of notional promotions. The petitioner was therefore rightly denied back arrears of pay and allowances even though he was found entitled to notional promotion. The notional promotion as ordered in Ext P4 order of the Tribunal has been granted by the Government evident by Ext P5 order. No ground has been made out to entertain this Original Petition and it is dismissed therefore.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
A.M.BABU
SKS/18.3.2019
JUDGE
3
OP(KAT).No. 50 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.NO.187/2017 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN O.A.187/2017. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN O.A.NO.187/2017. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30/01/2018 OF THIS HON'BLE TRIBUNAL IN O.A.187/2017.. EXHIBIT P5 TRUE COPY OF THE G.O(MS).NO.209/2018/GAD DATED 01/10/2018.
2 issues framed by the court
Whether back arrears of pay and allowances are admissible in the case of notional promotion.
Whether the Original Petition challenging the denial of back arrears prima facie comes within the scope of Rule 23 (c) of Part I of the Kerala Service Rules.
1 provisions across 1 enactments
MANOJITH PASAND
STATE OF KERALA
THE DEPARTMENTAL PROMOTION COMMITTEE(HIGHER)
THE COMMISSIONER FOR RURAL DEVELOPMENT
K.R.DEVADAS
V.CHITAMBARESH
A.M.BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
