High Court Kerala High Court

P.Sivadasini Amma vs State on 23 January, 2007

Kerala High Court
P.Sivadasini Amma vs State on 23 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 13228 of 1999(Y)



1. P.SIVADASINI AMMA
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.V.N.ACHUTHA KURUP (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/01/2007

 O R D E R
                                S. SIRI JAGAN, J.


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                           O.P. No. 13228 OF 1999 Y

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                  Dated this the 23rd day of January, 2007


                                  J U D G M E N T

The petitioner entered service as a Steno-typist in the office of the

Chief Electrical Inspector. She was promoted as Confidential Assistant

Grade-II. Thereafter, she got higher grade promotion with effect from

21.2.1985. Later, on the basis of a Government Order upgrading the

post of Confidential Assistant Grade-II to that of Confidential Assistant

Grade-I with effect from 22.7.1983 the petitioner was granted

retrospective promotion as Confidential Assistant Grade-I with effect

from 22.7.1983. The petitioner is now aggrieved by Exts.P1, P3, P6 and

P9 orders by which the monetary benefits arising out of the retrospective

promotion has been denied to her. Accordingly, she is challenging

those orders.

2. I am of opinion that the petitioner is not entitled to the reliefs

prayed for more than one reason. Firstly, the petitioner has not cared to

produce before this court the order by which the petitioner was accorded

retrospective promotion with effect from 22.7.1983 without seeing which

it cannot be ascertained whether or not she is entitled to monetary

benefits also. This is so because if in that order monetary benefits are

OP.13228/99

2

denied to her, without challenging that order she cannot successfully

challenge the impugned orders. Secondly, she did not raise her claim

for monetary benefits arising out of the retrospective promotion within

any reasonable time after issue of that order. The earliest

representation she made in this regard is on 9.9.1997, which was

rejected by Ext.P1 order dated 15.12.1997 on the ground that there is a

specific entry in her service book to the effect that ‘”No monetary benefit

in the grade promotion sanctioned”. Even then, the petitioner did not

choose to challenge those orders. She went on filing another

representation, which was also rejected by Ext.P3 order dated 2.1.1998

stating the very same reason as in Ext.P1. Still the petitioner did not

find it necessary to challenge the same. She again filed a

representation, which was rejected by Ext.P5 order of the Government

dated 3.6.1998. The same was followed up by Ext.P6 order dated

16.2.1999. That also the petitioner did not challenge immediately. She

waited till 1.6.1999.

3. Further, in the counter affidavit submitted on behalf of the

2nd respondent it is specifically stated that if the petitioner is to be given

monetary benefits of the retrospective promotion with effect from

22.7.1983 she would have to refund the amounts received by her on her

getting time bound grade promotion with effect from 21.2.1985, which

would not be available to her, if she is to be given retrospective

OP.13228/99

3

promotion with effect from 22.7.1983. It is further stated therein that

consequent on revision of pay as ordered by pay revision order in 1985

also she would become liable to refund a huge amount in lump sum

being excess amounts drawn consequent on such re-computation of the

benefits. In any event, since the petitioner has not approached neither

the authorities nor the court within a reasonable time after the orders

regarding her retrospective promotion, which was issued as early as on

19.2.1986, I am not inclined to exercise my discretionary jurisdiction in

favour of the petitioner at this distance of time. Accordingly, the original

petition is dismissed.

(S. SIRI JAGAN, JUDGE)

aks

S. SIRI JAGAN , J.

OP No.13228/99 Y

J U D G M E N T

23rd January, 2007