IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 28689 of 2007(M) ----------------------------- PETITIONER: ------------- K.RADHAKRISHNAN NAIR, WORKING AS HEAD ACCOUNTANT,GOVT.COLLEGE, ATTINGAL, RESIDING AT VALIYAVILA VEEDU, PONGANADU P.O., KILIMANOOR-695 601. BY ADV. SRI.T.P.DEYANANTHAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033. 3. A.SHAHUL HAMMED, JR.SUPERINTENDENT , OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 28689/07 APPENDIX Ext.P1 : TRUE COPY OF THE APPOINTMENT ORDER NO.ESTT.C5- 16885/83/ESTT. DATED 20.101983. Ext.P2 : TRUE COPY OF THE RELEVANT PART OF THE PHOTOCOPY OF THE SERVICE BOOK OF THE PETITIONER PAGE 9. Ext.P3 : TRUE COPY OF THE RELEVANT PART OF THE SENIORITY LIST FOR THE PERIOD FROM 1.1.83 TO 1.1.85 CIRCULATED ON31.5.85. Ext.P4 : TRUE COPY OF THE PROMOTION ORDER NO.ESTT.C2- 6521/90/COLL.EDN. DATED 24.4.90. Ext.P5 : TRUE COPY OF THE RELEVANT PART OF THE PROVISIONAL SENIORITY LIST OF UD CLERS CIRCULATEDFOR THE PERIOD FROM 7.11.85 TO 2.8.01. Ext.P6 : TRUE COPY OF THE CIRCULAR NO.B3-3530/03/COLL. EDN. DATED 2.8.06 OF THE SENIORITY LIST OF HEAD ACCOUNTANT. Ext.P7 : TRUE COPY OF THE ORDER NO.C2-4659/07/COLL.EDN. DATED 11.6.07. Ext.P8 :TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. Ext.P8(A) : TRUE COPY OF THE FORWARDING LETTER NO.B1-48/07 DATED 11.7.07. Ext.P9 : TRUE COPY OF THE RELEVANT PAGED IN THE ORDER NO.B3- 38303/01/COLL.EDN. DATED 16.11.07. Ext.P10 : TRUE COPY OF THE REPRESENTATION DATED15.11.07 SUBMITTED BEFORE THE 1ST RESPONDENT. Ext.P11 : TRUE COPY OF THE REPRESENTATION DATED17.1.08 SUBMITTED BEFORE THE 2ND RESPONDENT. Ext.P12 : TRUE COPY OF THE ORDER NO.C1-1049/07/COLL. EDN.DATED 13.11.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 28689 OF 2007 ------------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT The petitioner entered service as an LD Clerk in the Collegiate Education Department. In the matter of promotion to the UD Clerk he was superseded and according to the petitioner, his juniors were promoted ahead of him as UD Clerk. The petitioner was also subsequently promoted as UD Clerk. A provisional seniority list of UD Clerks were published in which the petitioner's rank was 71. Several of his juniors were shown above him in seniority. Petitioner filed objections to the same. Since his grievance was not properly considered, petitioner filed this writ petition seeking the following reliefs: “i. Issue a writ of certiorari or any other writ order or direction calling for details relating to Exts.P7 and quash the same. ii. Issue a writ of mandamus or any other writ order or direction to the 2nd respondent to promote the petitioner according to Ext.P3 seniority and date of test qualification with back arrears of pay and allowances attached to the posts. iii. To declare that petitioner is senior to the 3rd respondent and entitled to promotions with all service benefits with back arrears of pay and allowances attached to the posts, WPC : 28689/07 -:2:- iv. To issue a writ of mandamus directing the 2nd respondent to consider Ext.P8 representation and pass orders granting due promotions within a time frame. 2. Subsequent to the filing of the writ petition, the seniority list was finalised and published which is Ext.P9, produced along with IA No.12561/08. In the same, he was shown as serial No.30 with the remark that he is entitled to retrospective promotion notionally with effect from 26.09.86. Petitioner now would be satisfied with the seniority assigned to him in Ext.P9 and the retrospective promotion granted to him with effect from 26.09.86, but he would contest the denial of monetary benefits arising therefrom. But unfortunately the petitioner has not chosen to challenge Ext.P9 appropriately seeking appropriate reliefs in that regard. That being so, petitioner is entitled only the benefit given as per Ext.P9. 3. In the above circumstances, the petitioner submits that the respondents may be directed to implement Ext.P9 by giving him retrospective promotion notionally with effect from 26.09.86 and revising all further promotions fixing salary in each promoted post. He would submit that since he had retired from service, his retiral benefits may also be fixed accordingly. WPC : 28689/07 -:3:- 4. I have heard the learned Government Pleader also. Now that by Ext.P9 the petitioner has been given the retrospective promotion notionally with effect from 26.09.86, the 2nd respondent is bound to pass consequential orders. Accordingly, the writ petition is disposed of directing the 2nd respondent to implement the retrospective promotion of the petitioner with effect from 26.09.86, by implementing Ext.P9, fixing his pay notionally in each promoted post in accordance with his seniority. His retirement benefits shall also be revised accordingly. The above exercise shall be taken up and completed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Thereafter the arrears of pensionary benefits due to the petitioner shall be disbursed within another two months therefrom. The writ petition is disposed of accordingly. S. SIRI JAGAN, JUDGE ttb