IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31990 of 2009(P) -------------------------- PETITIONER: --------------- P.S.BABU, ASSISTANT ENGINEER (ELECTRICAL), ELECTRICAL SECTION OFFICE, KERALA STATE ELECTRICITY BOARD, VALAPPAD, P.O.EDAMUTTOM, THRISSUR. BY ADV. MR. ELVIN PETER P.J. SMT. POOJA SURENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD - REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (H.R.M.), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER MR. P.NANDA KUMAR R2 & R3 BY STANDING COUNSEL, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31990 of 2009 --------------------------------- Dated, this the 10th day of November, 2009 J U D G M E N T The petitioner is working as an Assistant Engineer under the respondent Board. While he was working as Sub Engineer, he availed of Leave Without Allowance with effect from 31/10/1995 to 06/02/2002. He rejoined duty on 07/02/2002. He was promoted as Assistant Engineer on 03/11/2006. 2. While continuing as such, by Ext.P1 dated 21/10/2009 he was ordered to be reverted on the ground that his promotion as Assistant Engineer was on account of a mistake, in as much as the promotion was ordered without reckoning the period of Leave Without Allowance availed of by the petitioner. It is this order which is under challenge in this writ petition. 3. Contention raised by the learned counsel for the petitioner is that on account of long lapse of time since the promotion, mistake even if committed cannot, at this distance of time, be rectified. He also relied on the judgment of the Apex Court WP(C) No.31990/2009 -2- in Shekhar Ghosh v. Union of India & Anr. (2007(1) SCC 331). Evidently, Ext.P1 shows that a mistake has been committed, and the mistake has also been rectified by Ext.P1, within three years of its commission, namely 21/10/2009. In my view, if an Administrative Authority has committed a mistake, such mistaken act or order will not create any right on the employee, and the Administrative Authority is always entitled to correct the mistake committed. However, the only qualification may be that in certain circumstances, principles of natural justice should be complied with, and that the monetary benefits derived by the employee should not be recovered. Apart from that, no Court will be justified in preventing an Authority from correcting a mistake. The judgment relied on by the learned counsel for the petitioner, also does not lay down principle contrary to the above. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg