The court upheld that post-promotion monetary benefits can only be granted from the date of joining, affirming the distinction between job roles despite performing similar duties.

JUDGMENT :

SYAM KUMAR V.M., J.

1. This Writ Appeal is filed challenging the judgment dated 18.06.2024 of the learned Single Judge in W.P.(C) No.23765 of 2018. Appellant was the petitioner in the W.P. (C).

2. Appellant had filed the W.P.(C) contending that he, who is working as the Finance Officer in the Kerala State Electricity Board (KSEB), had been denied monetary benefits consequent to the notional promotion granted to him. Appellant's contentions in brief were as follows: Appellant had been promoted as the Assistant Finance Officer on 03.05.2008. Subsequently, upon completion of one year of service as Assistant Finance Officer, he became eligible for promotion as Finance Officer. However, the said promotion to which he was legally entitled was denied to him and two of the juniors were promoted as financial officers on 01.03.2011. After repeated representations pointing out the said anomaly, the respondents promoted the appellant as Financial Officer retrospectively with effect from 01.03.2011, but without monetary benefits. Since the nature of duties of the Assistant Finance Officer and the Finance Officer are the same, and as he had been discharging the duties of the Finance Officer from 03.05.2008 onwards, the appellant claimed that he is entitled to get all consequential benefits in the post of Finance Officer from 01.03.2011, and the denial of the same was illegal. He thus filed the W.P.(C) seeking the following reliefs:

“i) to issue a writ of certiorari or such other appropriate order or direction quashing Ext.P13 communication No.Estt.III/1613/2015 dated 17.01.2018 issued by the 1^st respondent as it is arbitrary and illegal;

ii) to issue a writ of certiorari or such other appropriate order or direction quashing Ext.P15 communication No.Estt.III/1613/2015 dated 09.07.2018 issued by the 1^st respondent on behalf of the 2^nd respondent as it is arbitrary and void ;

iii) to issue a writ of mandamus or order or direction to the respondents to give all consequential benefits attached to the post of Finance Officer with effect from 01.03.2011 since there is no change in the nature of duties of Assistant Finance Officer and Finance Officer ;

iv) to declare that the petitioner is entitled to get all consequential benefits as Finance Officer with effect from 01.03.2011 since the petitioner has been discharging the duties of Finance Officer from 03.05.2008 even though his designation was Assistant Finance Officer ;

v) to issue such other appropriate writ, order or direction as is deemed just and necessary in the circumstances of the case.”

3. The learned Single Judge dismissed the W.P.(C), inter alia holding that there was no illegality or impropriety in the Board deciding to restrict the monetary benefits from the date of joining in the promoted post and that the petitioner had not made out any case warranting interference. Aggrieved by the said dismissal, this Writ Appeal is filed.

4. Heard Dr.K.P.Satheesan, Senior Advocate, for the appellant and Sri.M.K. Thankappan, Advocate, for the respondent KSEB.

5. The learned Senior Counsel for the appellant submitted that the learned Single Judge erred in dismissing the W.P.(C). It is contended that, as per the Rules that were in force during the relevant period, the Assistant Finance Officer, on completion of one year service, is eligible for promotion to the post of Finance Officer. Since the appellant had been promoted as Assistant Finance Officer on 03.05.2008, he became eligible for promotion as Finance Officer on 02.05.2009. However, the said promotion was not given to the appellant in spite of the availability of vacancies. Realising this mistake, the same was sought to be rectified by the Board by notionally promoting the appellant as Finance Officer with effect from 01.03.2011. Taking note of the fact that the appellant had been discharging the duties of Finance Officer even before and after the promotion, he ought to have been granted the salary and other benefits from 01.03.2011 onwards