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ANU SIVARAMAN
Viju P Varghese – Appellant
Versus
Cochin Port Trust Represented By Its Chairman – Respondent
JUDGMENT :
Prayers in this Writ Petition are as follows :
ii. To issue a writ of certiorari quashing Exhibit P7 to the extent to which it denies promotion to the petitioner as Senior OCIOA w.e.f. 01.12.2016 and promotes the 5th respondent as Senior OCIOA w.e.f. 01.12.2016.
iii. To declare that petitioner is entitled to be promoted to the post of Senior OCIOA w.e.f. 01.12.2016 in the retirement vacancy of Sri. P.A. Sasidharan and that he is entitled to be promoted to the post of programmer ahead of the 5th respondent.
iv. To issue a writ of mandamus directing the respondents 1, 2 and 3 to pass orders, promoting the petitioner to the post of Senior OCIOA w.e.f. 01.12.2016 and to promote him to the post of programmer reckoning his seniority in the post of Senior OCIOA.”
2. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for respondents 1 to 4 and the learned counsel appearing for 5th respondent.
3. It is submitted that the petitioner was appointed as Lower Division Clerk (for short ‘LDC’) in the 1st respondent on 19.02.1996 and was promoted as Upper Division C
Unauthorized absence (or overstaying leave), is an act of indiscipline.
Pensionary benefits can be denied for periods of unauthorized absence under applicable rules, and prior decisions concerning the same parties bar relitigation under res judicata principles.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The claim for restoration of seniority is barred by delay and laches, as the promotions of junior candidates were not timely challenged, affirming the necessity of prompt legal action in service matt....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
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