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2008 Supreme(Ker) 127

V.GIRI
P. A. Francis – Appellant
Versus
Director of Panchayats, Thiruvanathapuram – Respondent


Advocates Appeared:For the Petitioner:V.P. Seemandini (SR.), Lakshmy Ramanathan, Advocate. For the Respondent: P. Nandakumar, Government Pleader.

Judgment :

The question which arises for consideration in this writ petition is whether relinquishment of regular promotion by a Government servant and accepted by the competent authority can thereafter be withdrawn by him. Learned counsel for the petitioner has relied on the judgment of a Bench of this court reported in State of Kerala v. Susheela George (2003 (2) KLT 295) and a decision of a learned single Judge in Kumar v. State of Kerala (2002 (2) KLT 630) as affirmed by the Division Bench in W.A.No.1220/02, to contend for the position that if there was a right to relinquish the promotion then there is a concomitant right to withdraw such relinquishment.

2. The petitioner, while working as Upper Division Clerk in the Panchayat Service, was promoted as a first Grade Secretary in 1992. While so, he was further promoted to the post of Junior Superintendent as per the proceedings dated 8.2001 of the Director of Panchayats. According to the petitioner, it was inconvenient for him to accept promotion due to personal reasons. How mother was undergoing treatment due to serious illness and therefore he had temporarily relinquished such promotion for a periods of one year as provided in R



























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