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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
State of Kerala – Appellant
Versus
V. Murugan – Respondent
JUDGMENT :
MURALEE KRISHNA, J.
1. The issue involved in all these writ appeals is as to whether the respondents in these writ appeals are entitled to pay and allowances in their promotion posts, under the 7-tier system in view of the Government Order dated 20.06.1998 bearing No. G.O. (MS) No.46/98/PWD or under the 5-tier system which existed prior to the said order and was revived as per the Government Order dated 07.10.2003 bearing No. G.O (MS) No.54/03/PWD? Since the issue involved in all these writ appeals is the same, they are heard together and are being disposed of by this common judgment. For convenience, the parties are referred in this judgment in their status as they were in the writ petitions, unless otherwise stated.
2. All these writ appeals are filed by the State and its officials under Section 5(i) of the Kerala High Court Act, 1958, against the common judgment of the learned Single Judge in the respective writ petitions, holding that the issue is fully covered in favour of the petitioners by virtue of the Division Bench judgmentin W.A. No.2503 of 2005 rendered on 11.01.2010. By the impugned judgment, the learned Single Judge disposed of the writ petitions directing the
Promotion benefits under a 7-tier system require actual assumption of duties; retrospective promotions do not confer financial benefits without fulfilling this condition.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
Discriminatory treatment in promotion affects employees' rights under constitutional provisions, necessitating retrospective benefits and equal treatment.
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
Promotional benefits must be granted from the actual date of promotion, not from the date of notification, ensuring equal treatment for similarly situated employees.
Promotion benefits must be provided retrospectively if employees are faultless for the delay; state errors cannot obstruct rightful claims.
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