IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 OP.No. 18954 of 2000(F) ---------------------------------- PETITIONER: ------------------- T.G. RAMACHANDRAN NAIR, S/O. K.N. CHELLAPPAN NAIR, AGED 51 YEARS, JUNIOR SUPERINTENDENT, GOVERNMENT POLYTECHNIC, KALAMASSERY. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, TRIVANDRUM. 3. THE PRINCIPAL, GOVERNMENT POLYTECHNIC, KALAMASSERY. R1 TO R3 BY GOVT. PLEADER MR. DILIP MOHAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 18954/2000-F: ORDER ON C.M.P. NO. 31570/2000 IN O.P. NO. 18954/2000-F DISMISSED 07/01/2010. SD/- S.SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. 31836/L3/93/H. EDN. OF THE HR. EDN. (L) DEPARTMENT DTD. 31/08/1995. EXT.P.2: COPY OF THE PROCEEDINGS NO. ED4-14860/88/DTE OF THE R.2. DTD. 27/09/1996. EXT.P.3: COPY OF THE PROCEEDINGS NO.ED4/14860/88/DTE OF THE R.2. DTD 28/11/1997. EXT.P.4: COPY OF THE G.O.(P).NO.101/80/(167)/FIN. OF THE GOVERNMENT DTD. 30/01/1980. EXT.P.5: COPY OF THE ORDER NO. 25886/G2/99/H. EDN. OF THE GOVERNMENT DTD. 30/03/2000. EXT.P.6: COPY OF THE G.O.(RT).NO.2307/2000/FIN. OF THE GOVERNMENT DTD. 01/04/2000. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. SIRI JAGAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= O.P. No. 18954 of 2000 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of January, 2010 JUDGMENT Petitioner entered service as L.D. Clerk in the Technical Education Department of the Government of Kerala on 16-4-1979. He was promoted as U.D. Clerk with effect from 16-8-1984. He was reverted as L.D. Clerk from 29-3-1985 allegedly for want of vacancy. He was again promoted as U.D. Clerk with effect from 16-9-1985. Thereafter, he was promoted as Head Clerk on 18-3-1993, reverted as U.D. Clerk on 13-5-1993 and again promoted as Head Clerk on 20-8-1993. In the meanwhile, he filed a representation against his reversion as L.D. Clerk after cancelling the promotion as U.D. Clerk with effect from 16- 8-1984. That resulted in Ext.P3 Government Order whereby it was found that the petitioner was actually entitled to be promoted with effect from 16-8-1984. Ext.P3 reads as follows:- OP 18954/2000 2 “As per the Government letter read as first paper above the seniority of Shri T.G. Ramachandran Nair with reference to his promotion on 16-8-1984 in the cadre of U.D. Clerk was restored in the Proceedings read as second paper. In his submission dt. 11-11-97 Shri Ramachandran Nair requested to fix his pay in the U.D.Cadre from 16-8-1984 by ignoring the arrears due to him in the U.D.Cadre. In these circumstances sanction is accorded to give notional promotion to Srhi T.G.Ramachandran Nair in the cadre of U.D. Clerk with effect from 16-8-1984 and fix his pay in the cadre of U.D. Clerk, Head Clerk/Head Accountant and Junior Superintendent ignoring arrears due to him in the U.D. Cadre.” 2. Consequent on this notional promotion, the petitioner requested for a chance for re-option for the promoted post for the notional promotion given by Ext.P3. That was denied by Ext.P5. The petitioner challenges Ext.P5 seeking the following reliefs:- “a) to call for the records relating to Exhibit P5 and quash the same by the issuance of a writ of certiorari or other appropriate writ or order; b) to issue a writ of mandamus or other appropriate writ order or direction OP 18954/2000 3 commanding the respondents to allow the petitioner to re-opt the scale of the Head Clerk with effect from 18-3-1993 in the light of Exhibit P4 order and c) to pass such other order or direction which this Honourable Court may be pleased to deem fit and proper to grant in the circumstances of the case.” 3. It is not denied before me the petitioner would have been entitled to an option when promoted as U.D. Clerk with effect from 16-8-1984, but he was reverted, which reversion was later found to be bad and his promotion on 16-8-1984 was restored. Obviously, in view of the reversion and subsequent restoration of the promotion, the petitioner had lost his chance for option in the scale of pay in the promoted post. 4. The Government themselves have in Ext.P4 given right for re-option in cases of retrospective promotion. That being so, there is no reason why the petitioner should be denied the chance of reoption on the recommendation of retrospective notional promotion by Ext.P3. OP 18954/2000 4 5. Accordingly, Ext.P5 is quashed. The respondents are directed to give the petitioner another opportunity to opt in the scale of pay of U.D. Clerk consequent on Ext.P3 order of notional retrospective promotion. Consequently, the petitioner would also be entitled to reoption in respect of the further promotion in accordance with the notional promotion by Ext.P3. However, I make it clear that the petitioner would not be entitled to any monetary benefit except fixation. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE. mn.