IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29545 of 2007(P)
1. P.GOPAKUMAR, JUNIOR SUPERINTENDENT,
... Petitioner
Vs
1. THE DIRECTOR OF COLLEGE EDUCATION,
... Respondent
2. THE SECRETARY,
3. THE PRINCIPAL, NSS HINDU COLLEGE,
For Petitioner :SRI.SUNIL V.MOHAMMED
For Respondent :SRI.P.GOPAL
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/11/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.29545/2007-P
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Dated this the 19th day of November, 2009
J U D G M E N T
The petitioner herein is working as Junior
Superintendent under the second and third respondents’
N.S.S. Hindu College, Changanassery. He commenced his
service as Gasman (Technical) and was later appointed as
Lower Division Clerk with effect from 13/09/1991.
2. He was promoted as Junior Superintendent from
17/09/2004 as per Ext.P1 order dated 24/08/2006 by the
Management. Even though approval was granted, it is
restricted to be effective from 14/10/2005, going by
Ext.P2. The petitioner represented the matter before the
first respondent but the claim of the petitioner was
rejected by Ext.P3. The stand taken in Ext.P3 is that
though the refixation of staff strength of non-teaching
staff ordered vide office order dated 14/10/2005 was given
effect from 17/09/2004 in general, postings in the newly
created post cannot be approved with retrospective effect.
The appointments/postings to the posts which were newly
created vide order dated 14/10/2005 can be approved only
with effect from that date or after.
3. Heard the learned counsel for the petitioner, the
learned Government Pleader and the learned counsel
W.P.(C). No.29545/2007
-:2:-
appearing for respondent Nos.2 and 3.
4. Ext.P4 is the proceedings of the Director of
Collegiate Education dated 14/10/2005 whereby the revised
staff pattern of non-teaching staff has been approved.
Clause (4) therein shows that the order will take effect
from 17/09/2004.
5. The learned counsel for the petitioner relied upon
the Judgment of this Court in W.P.(C).No.17491/2007
(Ext.P5) wherein a similar question was considered by this
Court. The matter relates to the posts of Head Accountant
as well as Junior Superintendent. In paragraph (6) of the
said Judgment, the claim of the petitioner therein who was
posted as Junior Superintendent with effect 17/09/2004 was
considered and it was held thus:-
“6. It is altogether a different
situation as regards the petitioner’s claim
for promotion as Junior Superintendent with
effect from 17/09/2004. In Ext.P6 staff
fixation order, it is clearly stated that in
N.S.S Training College, Ottappalam, a post
of Junior Superintendent is sanctioned. It
is specifically stated in Ext.P6 order that
the said staff fixation order will take
effect from 17/09/2004. Further From
W.P.(C). No.29545/2007
-:3:-Ext.P12 it is clear that the appointment of
two other similarly placed Junior
Superintendents were approved with effect
from 17/09/2004. The learned Government
Pleader could not satisfy me as to why the
same benefit could not be given to the
petitioner. The learned Government Pleader
could not also explain to me as to how if
the post was sanctioned with effect from
14/10/2005, staff fixation was made with
effect from 17/09/2004.”
6. Similar is the position herein also. Going by
Ext.P1, the petitioner was promoted to the cadre of Junior
Superintendent with effect from 17/09/2004. The stand
taken herein by the respondents appears to be that Ext.P4
order is dated 14/10/2005 and therefore, approval can be
given only from the said date. Even going by the
prescription in Ext.P4, the said order is effective from
17/09/2004. If that be so, the petitioner cannot be denied
the benefit. I respectfully agree with the findings
rendered by the learned Single Judge in Ext.P5 and hence
the petitioner will also be entitled for a similar benefit
as the post herein was created on 17/09/2004. It is also
clear from the statement annexed to Ext.P2 that promotion
W.P.(C). No.29545/2007
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of persons against Sl.Nos.3 and 4 have been approved with
effect from 17/09/2004. The post to which the petitioner
is promoted is a newly created one as in the case of
Sl.No.4. For that reason also the claim of the petitioner
is justified. Therefore, the writ petition is allowed.
7. Exts.P2 and P3 to the extent to which the approval
is granted to the petitioner only from 14/10/2005 are
quashed. There will be a direction to the first respondent
to pass a fresh order granting approval of promotion of the
petitioner with effect from the date of promotion as Junior
Superintendent i.e. 17/09/2004. He will be entitled for
the monetary benefits flowing therefrom and appropriate
action will be taken to disburse the same within a period
of two months. No costs.
(T.R. Ramachandran Nair, Judge.)
ms