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.