K.A.Radha vs The Government Of Kerala Rep. By on 16 March, 2007

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Kerala High Court
K.A.Radha vs The Government Of Kerala Rep. By on 16 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7440 of 2007(I)


1. K.A.RADHA, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. THE GOVERNMENT OF KERALA REP. BY
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

 Dated :16/03/2007

 O R D E R
                            K.K.DENESAN, J.

                     -----------------------------

                         WP(C)No. 7440 OF 2007

                     -----------------------------

                    Dated this the 16th March, 2007.



                                       JUDGMENT

The petitioner is working as Selection Grade Typist in

the General Education Department. The second respondent

passed Ext.P2 order allowing the request of the petitioner

to promote her notionally to the post of Selection Grade

Typist retrospectively with effect from 18.6.2003.

However, it was stated in Ext.P2 that she will not be

entitled for back arrears since the retrospective promotion

granted was only notional.

2. Counsel for the petitioner submits that Ext.P1 order

would show that the petitioner is entitled for back arrears

also and that Ext.P2 order is unsustainable.

3. Govt. Pleader on instruction submits that the

second respondent is reconsidering the stand taken by that

respondent in Ext.P2 and that fresh orders will be passed

after taking into consideration relevant orders and rules

on the subject.

4. In the light of the above submission the writ

petition is disposed of directing the second respondent to

pass fresh orders in accordance with law regarding the

right of the petitioner for back arrears from 18.6.2003

onwards in the post of Selection Grade Typist. Orders

WPC 7440/2007 2

shall be passed within six weeks from the date of receipt

of a copy of the judgment.

K.K.DENESAN

Judge

jj

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