IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 37054 of 2003(J) -------------------------- PETITIONER: ------------- PAUL K. MATHEW, S/O. LATE K.M. MATHEW, AGED 64 YEARS, RETD. ADDITIONAL DIRECTOR OF SOCIAL WELFARE, RESIDING AT 5/780, RARICHAN ROAD, KOZHIKODE - 673 006. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E) (AUDIT), THIRUVANANTHAPURAM. ADV. SRI. SHAIJ RAJ T.K., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37054/2003 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT DATED 08.03.1994 IN O.P. NO. 776/1989 OF THIS HON'BLE COURT. EXT.P2 : TRUE COPY OF THE JUDGMENT DATED 17.01.2000 IN WRIT APPEAL NOS. 766/1994 AND 843/1994 OF THIS HON'BLE COURT. EXT.P3 : TRUE COPY OF G.O.(MS) NO. 24(3)/98/SWD DATED 25.09.1998. EXT.P4 : TRUE COPY OF G.O.(RT) NO.272/2003/SWD DATED 24.06.2003 OF THE GOVERNMENT OF KERALA, SOCIAL WELFARE (A) DEPARTMENT. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 03.07.2003 FROM THE PETITIONER TO THE SECRETARY, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. EXT.P6 : TRUE COPY OF LETTER NO.7461/A1/2003/SWD DATED 30.08.2003 FROM THE SECRETARY, SOCIAL WELFARE (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 37054 of 2003 - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P6 order rejecting the representation submitted by the petitioner claiming arrears of pay and consequential benefits. By Ext.P4 order dated 24.06.2003, the petitioner has been given regularisation and notional promotions without any monetary benefits. The learned counsel for the petitioner placing reliance upon the decision reported in State of Kerala v. Bhaskaran Pillai - 2007(3) KLT 711 (SC) submits that since the petitioner was wrongly denied promotions, the denial of monetary benefits to the petitioner is illegal. In paragraph 3 of the said judgment, it is observed as follows: “We have considered the decisions cited on behalf of both the sides. So far as the situation with regard to monetary benefits with retrospective promotion is concerned, that depends upon the case to case. There are various facets which have to be considered. Sometimes in a case of departmental enquiry or in a a criminal case, it depends on the authorities to grant full back wages or 50 per cent of back wages, looking to the nature of delinquency involved in the matter or in criminal cases, where the incumbent has been acquitted, by giving benefit of doubt or full acquittal. Sometimes in the matter, when the person is superseded and he has challenged the same before Court or Tribunal and he W.P.(C) No. 37054/2003 -:2:- succeeds in that and direction is given for reconsideration of his case from the date persons junior to him were appointed, in that case the Court may grant sometimes full benefits with retrospective effect and sometimes it may not. Particularly when the administration has wrongly denied his due, then in that case he should be given full benefits including monetary benefit, subject to there being any change in law or some other supervening factors. However, it is very difficult to set down any hard and fast rule. The principle 'no work no pay' cannot be accepted as a rule of thumb. There are exceptions where Courts have granted monetary benefits also.” 2. Following the aforesaid decision, since the petitioner was wrongly denied promotions, I allow the writ petition by quashing Ext.P6 and direct the State Government to calculate the financial benefits due to retrospective promotion and disburse the same within three months from the date of receipt of a copy of this judgment. This writ petition is allowed as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 37054/2003 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. W.P.(C) No. 37054/2003 -:4:- JUDGMENT