Dismissed

P.Ajantharaj v. the State of Kerala

Kerala HC13 Mar 2019OP(KAT)/76/2019

Case brief

AI extract

What is this about?

The High Court dismissed the petition challenging the Kerala Administrative Tribunal's order rejecting the petitioner's claim for backdated promotion, holding that entitlement arises only from the date of the official Government Order issued in 2010, not the earlier principle decision.

What did the court decide?

Petition against the Tribunal's order dismissing the promotion claim was dismissed.

P.Ajantharaj Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

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OP(KAT).No. 76 of 2019

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AGAINST THE ORDER DATED 30.07.2018 IN OA 1167/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER:

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P.AJANTHARAJ,ASSISTANT SECTION OFFICER, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY ADVS. SRI.PHILIP J.VETTICKATTU SMT.ANEY PAUL SRI.THOMAS GEORGE K

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.

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2 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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3 B. DILEEP KUMAR,SECTION OFFICER, FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.

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SRI. ANTONY MUKKATH-GP

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT) No.76/2019

JUDGMENT

Chitambaresh, J.

The Government issued orders only on 18.01.2010 enhancing the number of vacancies to two for promotion from among low paid employees to the post of Assistants. The fact that a decision to that effect was taken in principle in October, 2007 itself is of no avail since the Government Order was issued much later on 18.01.2010. The petitioner cannot therefore aspire for promotion from October,2007 itself and the prayer in that regard was rightly declined by the tribunal.

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The original petition is dismissed.

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Sd/-

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V. CHITAMBARESH JUDGE

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Sd/- A.M. BABU JUDGE

ncd

OP(KAT) No.76/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION NO.1167/2017 FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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EXHIBIT P1(a) MEMO WITH DOCUMENTS SUBMITTED BY THE GOVERNMENT PLEADER

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EXHIBIT P1(b) REPLY AFFIDAVIT FILED BY THE 3RD RESPONDENT

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EXHIBIT P1(c) TRUE COPY OF ORDER DATED 6-4-2009 APPOINTING SMT.T.SICILY IN THE VACANCY CREATED BY THE PROMOTION OF SRI.P.SANTHOSH KUMAR

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EXHIBIT P2 CERTIFIED COPY OF ORDER DT.30-07-2018 PASSED BY THE TRIBUNAL DISMISSING O.A.NO.1167/2017

P.Ajantharaj v. the State of Kerala

Case brief

What is this about?

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P.Ajantharaj v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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