IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 5465 of 2004(A) ------------------------- PETITIONER: ------------ SASIDHARA KURUP B., INDUSTRIES EXTENSION OFFICER, TALUK INDUSTRIES OFFICE, ADOOR. BY ADV. DR.K.P.KYLASANATHA PILLAY SRI.ARUN.B.VARGHESE SRI.T.P.DEYANANTHAN SMT.SREEDEVI KYLASANATH RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE COMMISSIONER & SECRETARY INDUSTRIES & COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES & COMMERCE, DIRECTORATE OF INDUSTRIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ASSISTANT DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, ADOOR. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008, ALONG WITH WPC 7615/04 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX (WPC 5465/04) PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SPECIAL RULES FOR THE KERALA INDUSTRIES SUBOTRDINATE SERVICE 2001 ISSUED IN G.O.(P) 30/2001/ID DATED 17.2.2001 EXT.P2 TRUE COPY OF THE CIRCULAR NO. EE 3-7111/2001 DATED 27.7.2001 ISSUED BY THE DIRECTORATE OF INDUSTRIES AND COMMERCE EXT.P3 TRUE COPY OF THE ORDER G.O. NO. 427/02/ID DATED 31.5.2002 EXT.P4 TRUE COPY OF THE CIRCULAR NO. EE1-29419/2002 DATED 9.9.2002 ISSUED BY THE DIRECTOR OF INDUSTRIES AND COMMERCE. EXT.P5 TRUE COPY OF THE PROCEEDINGS NO. A/467/03/ DATED 9.1.2004 ISSUED BY THE THIRD RESPONDENT. EXT.P6 SERIES TRUE COPIES OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN CMP 60668 OF 2002 IN OP 35868 OF 2002 AND CMP 61911 OF 2002 IN OP 36611 OF 2002 RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE LETTER DATED 11.12.2001 OF ACCOUNTANT GENERAL, TRIVANDRUM. EXT.R2(b) TRUE COPY OF THE GOVT. ORDER DATED 31.5.2002 TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. ---------------------------------------------------------- W.P.C. Nos. 5465, 7615,7788 & 14118/2004 ----------------------------------------------------------- Dated this the 2nd day of April, 2008 JUDGMENT C.N. Ramachandran Nair,J. Petitioners who are employees of Industries Department of Kerala were appointed and were given promotions based on executive orders issued by the Government from time to time. However, Special Rules were framed by the Government for the Industries Department on 17.2.2001, which were given retrospective effect from 1.7.1983. Consequent upon introduction of Special Rules with retrospective effect, several persons who have got promotions and drawn higher salary were called upon to repay the excess amounts so drawn. It is against retrospective reduction in rank and proposal for recovery of excess salary drawn that petitioners have approached this Court with these Writ Petitions. Government Pleader submitted that Government has issued order on 29.3.2006 giving up proposal to recover any salary for the past period. This has redressed much of the grievance of the 2 petitioners. So far as retrospective promotion and claim of enhanced salary for the back period is concerned, the present order only provides for notional promotion without provision for payment of arrears of backwages. None of the petitioners claims for retrospective promotion or arrears of wages. In view of Government order above referred, we close these Writ Petitions as petitioners have no more grievance and the demands raised against them for recovery of excess salary drawn shall stand quashed. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3