Allowed

State of Kerala v. Babu.K.S.

Kerala HC3 Apr 2024RP/412/2024

Case brief

AI extract

What is this about?

The Court allowed a review petition filed by the State against a judgment dismissing an original petition at the threshold. The judgment was remanded to the Tribunal to consider if promotion to the post of Junior Superintendent/Joint BDO is feasible, and contempt proceedings were dropped.

What did the court decide?

Review petition allowed; original petition disposed of with direction to Tribunal to consider the matter afresh; contempt proceedings dropped.

State of Kerala Vs Babu.K.S. — Pension and Retirement Benefits | Kerala HC (2024)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 3^RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946 RP NO. 412 OF 2024

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AGAINST THE JUDGMENT DATED 27.02.2024 IN OP(KAT) NO.82 OF 2024 OF

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HIGH COURT OF KERALA

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REVIEW PETITIONERS/PETITIONERS 1 TO 6 IN OP(KAT) :

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SECRETARY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 3 THE SECRETARY SOCIAL JUSTICE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 4 THE DIRECTOR SOCIAL JUSTICE DEPARTMENT, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA, PIN - 695033 5 THE PRINCIPAL DIRECTOR LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM, KERALA, PIN - 695033 6 THE COMMISSIONER FOR RURAL DEVELOPMENT COMMISSIONERATE FOR RURAL DEVELOPMENT, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695033 BY SRI.K.A.ANAS, SR.GOVERNMENT PLEADER

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RP No.412 of 2024 IN OP(KAT)NO.82 of 2024

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RESPONDENT(S)/RESPONDENT IN OP(KAT) :

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BABU.K.S. S/O LATE K.S. SREEDHARAN, HEAD CLERK, LALAM BLOCK PANCHAYATH, ANEENAD.P.O., KOTTAYAM DISTRICT, RESIDING AT KALLUVETIL, NAVAGRAHA, KANJIRAPPALLY, THAMBALAKKADU.P.O, KOTTAYAM, KERALA, PIN - 686506

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP No.412 of 2024 IN OP(KAT)NO.82 of 2024

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O R D E R

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A.Muhamed Mustaque, J .

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After hearing the learned senior Government Pleader for the State and the learned counsel for the respondent, we find that there is some merit in the argument raised by the learned senior Government Pleader for reviewing the order. This Court had not gone into the merit of the issue and following the judgment in O.P. (KAT)No.312 of 2023 dismissed the original petition at the threshold.

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The original petition was filed by the State challenging the interim order of the Tribunal ordering the Government to take steps for promotion of Head Clerks who are differently abled to the post of Junior Superintendent/Joint BDO based on seniority.

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The learned senior Government Pleader submits that the post of Junior Superintendent/Joint BDO has not been identified so far by the Government for

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RP No.412 of 2024 IN OP(KAT)NO.82 of 2024

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promotion among the disability candidates. We note that rather than in the interim order it is appropriate that the Tribunal address the issue after hearing the Government.

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We accordingly review this judgment and disposed of the matter directing the Tribunal to consider whether promotion can be affected in the post of Junior Superintendent/Joint BDO. It may not be proper to address such an issue in the interim order as to the question whether such promotion can be effected to the differently abled candidates in the post of Junior Superintendent/Joint BDO will have to be addressed by the Tribunal.

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Accordingly, the Review Petition is allowed and the original petition itself is disposed of with direction to the Tribunal to consider the matter afresh. However, we make it clear that the retirement of the respondent will not preclude him from claiming the benefit. If it is ultimately found that he is entitled for pay fixation in the post of Junior Superintendent/Joint BDO from the date on which he was entitled, he shall be given promotion atleast notionally.

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RP No.412 of 2024 IN OP(KAT)NO.82 of 2024

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Accordingly, contempt proceedings now initiated are also directed to be dropped.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/SHOBA ANNAMMA EAPEN JUDGE

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rkj

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RP No.412 of 2024 IN OP(KAT)NO.82 of 2024

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APPENDIX OF RP No.412/2024

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PETITIONER ANNEX	URES
Annexure I	CERTIFIED	COPY	OF JUDGMENT DATED
	27.02.2024	IN OP(K	AT)82/2014
Annexure II	TRUE COPY	OF GO	(P)NO.5/2022/SJD DATED
	15.07.2022
Annexure III	TRUE COPY	OF THE	RELEVANT PAGES OF THE
	G.O.(P)NO.7	/2022/S	JD DATED 28.10.2022

State of Kerala v. Babu.K.S.

Case brief

What is this about?

What did the court decide?

State of Kerala v. Babu.K.S.

Case brief

What is this about?

What did the court decide?

What the court decided

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