IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 37566 of 2003(V) ---------------------------------------- PETITIONER(S): ------------------------- N.A. PADMAKUMARI, D/O. AMMU, AGED 49 YEARS, RESIDING AT MANIKYA NILAYAM, DR. AMBEDKAR ROAD, NELLIKUNNU, KASARAGOD. SENIOR AUDITOR, OFFICE OF THE JOINT REGISTRAR OF CO-OP SOCIETIES (AUDIT), KASARAGOD. BY ADVS.MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO THE GOVERNMENT, CO-OPERATIVE DEPARTMENT, SERETARIAT, TRIVANDRUM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD DISTRICT. R1 , R3 & R4 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37566/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 21.1.98 IN OP.585/94 ON THE FILE OF THIS HONOURABLE COURT. P2: COPY OF THE ORDER DTD. 18.4.98 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE PROVISIONAL SENIORITY LSIT DTD. 14.6.00 ISSUED BY THE 3RD RESPONDENT. P4:- COPY OF THE ORDER DTD. 29.12.00 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE ORDER DTD. 4.2.03 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE COMMUNICATION DTD. 10.2.03 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P7:- COPY OF THE ORDER DTD. 26.5.03 ISSUED BY THE 4TH RESPONDENT. P8:- COPY OF THE OBJECTION FILED BY PETITIOENR BEFORE THE 3RD RESPONDENT DTD. 3.6.03. P9:- COPY OF THE ORDER DTD. 29.8.03 ISSUED BY 3RD RESPONDENT TO 4TH RESPONDENT. P10:- COPY OF THE COMMUNICATION DTD. 25.3.09 ISSUED BY THE 4TH RESPONDENT. R3(a):- COPY OF THE SPECIAL RULES GO(MS) NO.387/62/PD DTD. 24.7.62. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.37566 OF 2003(V) -------------------------------------------------- Dated this the 19th day of November, 2009 J U D G M E N T Petitioner joined service in the Co-operative Department in 1975. She was promoted as Upper Division Clerk on 19.12.1997. She passed departmental test and the Co-operative Training on 21.11.1987. Pursuant to Ext.P1 order passed in O.P.No.585/94, by Ext.P2 order dated 18.4.1998 the petitioner was promoted to the post of Junior Inspector with retrospective effect from 15.1.1988. Accordingly, her pay was fixed with effect from that date and arrears of Rs.33,822/- was also disbursed as the back wages. 2. Subsequently, by Ext.P4, the petitioner was promoted to the post of Senior Inspector with retrospective effect from 8.12.1994. Following Ext.P4 she was paid arrears of Rs.6,851/-. 3. Still later, by Ext.P6 order dated 10.2.2003 the 3rd respondent directed the 4th respondent to recover the arrears due to the petitioner before she joined as Junior Inspector. This was followed by Ext.P7 order directing recovery of Rs.40,673/- from the petitioner. Representations were filed which were also rejected by Ext.P9. It is in this circumstances the writ Petition is WPC.No.37566/2003 :2 : filed. 4. The claim of the petitioner for monetary benefits consequent on promotion or correctness or otherwise of the payments made to her will depend upon the wordings of Exts.P2 and P4. By both these orders promotions were granted to the petitioner with retrospective effect. Orders do not say that the retrospectively was only notional or that the petitioner will not be eligible for monetary benefits for the retrospective period. These orders recognized the eligibility of the petitioner for arrears and it was therefore that payments were made. If so, the contention now raised by the respondents that the petitioner is eligible only from the date of her joining the post cannot be accepted. 5. In that view of the matter I cannot uphold Exts.P6,P7 and P9 and for that reason these orders are set aside. Writ Petition is allowed as above. (ANTONY DOMINIC) JUDGE vi/