IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 OP.No. 33412 of 2002(C) ----------------------- PETITIONER(S): --------------- BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.P.G.RAJAGOPALAN SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE COMMISSIONER AND SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, DIRECTORATE OF INDUSTRIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.4.2009, A/W. O.P.No.35868/2002 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MORE THAN 50 PARTIES S.SIRI JAGAN, J. ================== O.P.Nos.33412, 36611, 35868 of 2002 & W.P.(C).No. 20253/2005 ================== Dated this the 1st day of April, 2009 J U D G M E N T In W.P.(C).Nos.5465, 7615, 7788 & 14118 of 2004, a Division Bench of this Court has held thus: “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 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 the Writ Petitions as petitioners have no more grievance and the demands raised against them for recovery of excess salary drawn shall stand quashed. The facts in these cases are identical to the facts of those cases, which is not disputed before me by any of the parties. In the above circumstances, following that judgment, these writ petitions are disposed of in terms of that judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.33412, 36611, 35868 of 2002 & W.P.(C).No. 20253/2005 ================== J U D G M E N T 1st April, 2009 3