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2021 Supreme(Online)(KER) 6859
HIGH COURT OF KERALA
ALEXANDER THOMAS, VIJU ABRAHAM, JJ
DR.G.BINDU – Appellant
Versus
LALITHAKUMAR.K.K – Respondent
OP(KAT)/99/2019
GOVERNMENT PLEADER, SRI.P.NANDAKUMAR, SRI.SAIGI JACOB PALATTY, ELVIN PETER P.J., SRI.K.R.GANESH
The judgment emphasizes that retrospective promotions may be valid, but claims for actual arrears can be waived by the beneficiary, especially post-retirement, impacting the litigation outcome.
Headnote:
Promotion - Administrative Law - OA No.2385/2016, Administrative Tribunal Act, 1985 Section 22(3) - This case discusses the retrospectivity of promotions and its monetary implications, specifically addressing rights under administrative orders in the context of state service regulations.
Fact of the Case:
The case involves two Original Petitions related to the retrospective promotion of an applicant to the position of Senior Geophysicist, resulting from a final order by the Kerala Administrative Tribunal directing the State to grant the promotion and associated benefits, which included pay and pension revisions.
Finding of the Court:
The court found that the state had complied with the Tribunal's directive to grant retrospective promotion but contested the payment of actual arrears of pay and allowances, ultimately quashing that part of the Tribunal's order while affirming other aspects.
Issues: The issues revolved around the legality of the retrospective promotion granted by the Tribunal and the entitlement to actual arrears of pay and allowances stemming from that promotion.
Ratio Decidendi: The court held that while the retrospective promotion was valid, the original applicant's waiver of the claim to actual arrears was crucial in resolving the challenge by the state.
Final Decision: The court disposed of OP(KAT) No.377/2018 as modified and dismissed OP(KAT) No.99/2019.
JUDGMENT
Alexander Thomas, J The State has filed the first Original Petition and the private party has filed the second Original Petition and the common prayer in both the original petitions is directed against the impugned final order dated 22.12.2017 in OA No.2385/2016 rendered by the Kerala Adminsitrative Tribunal, Tvpm Bench.
2. The prayers in OA No. 2385/2016 filed before the Kerala Administrative Tribunal at the behest of the sole respondent in the first OP and R1 in the second OP are as follows:
(I) to call for the records leading to Annexure A9 and quash the same.
(ii) to direct the respondents to grant retrospective promotion to the applicant in the post of Sr.Geophycist with effect from 01.12.2013 with all monetory benefits including pay, increments, fixation and revised pensionary benefits.
(iii) to issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
3. The Tribunal after hearing both sides has rendered the impugned final order dated 22.12.2017 in the instant OA No.2385/2016 (produced as Ext.P3 in the first OP and Ext.P1 in the second OP), whereby, it has been ordered in the last para thereof (para 16) that the applicant is entitled to be promoted to the post of District Officer with effect from 01.12.2013 with all consequential benefits and that R1 in the OA (State Government) shall disburse monetary benefits including revised pensionary benefits to the applicant within a period of three months from the date of production of a certified copy of this order and that R1 in the OA will be free to recover such amounts from the Officers concerned who are liable for causing delay in promoting the applicant even after directions of the Tribunal etc. It is the admitted by the State in OP(KAT) No.377/2018 filed by them, that as per Ext.P4 G.O.(RT) No.651/2018/WRD dated 07.09.2018, the competent authority of the State Government has already granted all the benefits directed to be given by the Tribunal as per the above said impugned verdict in the above OA, except the actual arrears of pay and allowances and that she is thus notionally given, retrospective promotion as senior Geophysicist with effect from 01.12.2013, subject to the above said rider that she will not be eligible for back arrears and that sanction has also been accorded to revise the pensionary benefits based on her notional pay. It appears that the Original Applicant has already retired from service on 31.08.2015. Sri.P.Nandakumar, learned Counsel appearing for Original Applicant/sole Applicant in the first OP/R1 in the 2nd OP would submit on the basis of instructions that all the benefits ordered as per Ext.P4 G.O.(RT) dated 07.09.2018 has already been given to her including revised pensionary benefits. Further that, in view of the subsequent events, more particularly that she has already retired from service that the petitioner has taken the stand that the litigation should be given a quietus and that she will not press for the implementation of the directions issued by the Tribunal as per the final order dated 22.12.2017 in OA No.2385/2016 in the matter of payment of actual arrears of pay and allowances in respect of the retrospective promotion with effect from 01.12.2013. This submission has been made by Sri.P.Nandakumar, learned counsel appearing for the Original Applicant on the basis of instructions of the said party.
4. The prayers in OP(CAT) No. 377/2018 filed by the State Authorities are as follows:
(I) To call for the records leading to Annexure A9 and quash the same.
(ii) To direct the respondents to grant retrospective promotion to the applicant in the post of Sr.Geophysist with effect from 01.12.2013 with all monetary benefits including pay, increments, fixation and revised pensionary benefits.
(iii) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
Pending final decision on this application, the applicant seeks issue
