IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 6902 of 2000(V)
1. A.MAMMY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.G.S.REGHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :11/09/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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O.P.No.6902 OF 2000 &
WPC.No.35601 OF 2003
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Dated this the 11th day of September, 2007
JUDGMENT
Petitioners in these writ petitions claim that they are
among those who were promoted in terms of Exts.P3, P4 and P11
orders in W.P(C).35601/03. They contend that notwithstanding
their officiating in the promoted posts, they were not given
monetary benefits of such promotions, after discharging of
duties and responsibilities in the promoted posts. It is,
therefore, contended that their retiral benefits have not also
been fixed taking into consideration the emoluments they could
have drawn in the higher posts.
2. Learned Government Pleader pointed out that the
aforesaid orders were on the basis of 7 tier promotion scheme,
relating to which, there were litigations before this Court, which
led ultimately to a Review Petition by the Government, before
this Court.
OP.6902/00 & WPC.35601/03
Page numbers
3. Whatever be the contention of the Government regarding
the legality or otherwise of the earlier decision of this Court and
the effect of the Review, if the petitioners had, as a matter of
fact, been promoted and they had actually discharged their
duties and responsibilities attached to the higher posts to which
they were so promoted, it cannot be disputed that they are
entitled to draw the emoluments attached to those posts and that
their retiral benefits have also to be determined by taking into
consideration the emoluments that they would have drawn in the
higher posts.
In the aforesaid circumstances, this writ petition is
disposed of directing that the Chief Engineer (Administration),
P.W.D., Trivandrum (second respondent in these writ petitions)
will take up the individual cases of each of the petitioners and
consider the question whether, following the promotion orders,
the petitioners had actually officiated and worked in the posts to
which they were promoted and if so, the fact that they worked
as such in the promoted posts and retired from such promoted
OP.6902/00 & WPC.35601/03
Page numbers
posts shall be taken into consideration and their emoluments in
the higher posts shall be released to the petitioners and their
respective retiral benefits shall also be re-fixed. This exercise
shall be undertaken within an outer limit of four months from the
date of receipt of a copy of this judgment.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.
OP.6902/00 & WPC.35601/03
Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.6902/00 & WPC.35601/03
JUDGMENT
11th SEPTEMBER, 2007.
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