Back
2021 Supreme(Online)(KER) 17505
HIGH COURT OF KERALA
ALEXANDER THOMAS, VIJU ABRAHAM, JJ
STATE OF KERALA – Appellant
Versus
LALITHAKUMARI K.K – Respondent
OP(KAT)/377/2018
GOVERNMENT PLEADER, SRI.P.NANDAKUMAR, SRI.SAIGI JACOB PALATTY, ELVIN PETER P.J., SRI.K.R.GANESH
A party may forfeit claims for arrears if they voluntarily choose not to pursue them, impacting the enforceability of administrative tribunal orders.
Headnote:
Promotion - Administrative Tribunal - OA No.2385/2016-2021 - The court upheld the Tribunal's promotion order while modifying the direction on actual arrears due to the applicant's decision to not pursue back pay.
Fact of the Case:
The case involves two original petitions challenging the Kerala Administrative Tribunal's order for a retrospective promotion of a Geophysicist with monetary benefits and arrears. The state sought to quash the arrears direction after the applicant decided not to pursue its implementation.
Finding of the Court:
The court found that since the applicant accepted the retrospective promotion without arrears, the Tribunal's order to pay the actual arrears should be quashed. The court acknowledged the fair stand taken by the applicant in the litigation.
Issues: Whether the Kerala Administrative Tribunal's direction to grant actual arrears of pay and allowances for retrospective promotion should be upheld or quashed.
Ratio Decidendi: The court concluded that an applicant's decision to not pursue certain claims affects the jurisdiction to enforce those claims. Hence, it quashed the Tribunal's order directing the state to pay arrears, affirming the need for fair litigation.
Final Decision: The appeal was partially allowed, quashing the direction for actual arrears while affirming other aspects of the Tribunal's order.
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 iss
