Kerala High Court
P.N.Ramachandran Nair vs State Of Kerala on 19 August, 2008
Author: Koshy
Bench: J.B.Koshy, Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1723 of 2008()
1. P.N.RAMACHANDRAN NAIR, HEAD ACCOUNTANT
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE MANAGER, SREE SANKARA COLLEGE,
For Petitioner :SRI.T.P.DEYANANTHAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :19/08/2008
O R D E R
J.B. KOSHY & THOMAS P.JOSEPH, JJ.
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W.A.NO: 1723 of 2008
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Dated this the 19th August, 2008.
JUDGMENT
Koshy, J.
Petitioner in the writ petition retired from service with effect from 31.8.2003 as Head Accountant of Sree Sankara Coillege, Kalady. According to him he was entitled to promotion as Junior Superintendent and Administrative Assistant with effect from 1.2.2002 and 1.4.2002. According to the respondents petitioner will be entitled to the above post only if the student strength is more than 500, as can be seen from Annexure P1(d). Ext.P7 staff pattern came into force in 2004, after his retirement. It provides for a post of Junior Superintendent and Administrative Assistant. But that was in 2004, after the retirement of the petitioner The learned Judge therefore accepted the above contention and dismissed the case. But, thereafter in the review petition the learned Judge held as follows:-
"The petitioner in the writ petition could not satisfy me that Annexure P1(d) was not the staff pattern available at the relevant period. He himself admits that the revised staff pattern came into force only from 17.9.2004. Going by Annexures P1 to P1(d) the posts of Junior Superintendent and Administrative Assistant were not available for promoting the petitioner as on 1.2.2002 and 1.4.2002, the petitioner could not have been given promotion as directed in the judgment. Therefore, I am satisfied that there is an apparent mistake on the face of the records in my judgment dated 5.10.2007. However, in view of the fact that the State itself admits that the petitioner could have been considered for promotion to the post of Senior Superintendent with effect from 1.4.2002, W.A. 1723/08 2 the petitioner shall be given promotion as Senior Superintendent with effect from 1.4.2002 notionally instead of Junior Superintendent and Administrative Assistant as directed in the judgment. However, this shall only be on notional basis without monetary benefits till his retirement on 31.8.2003. He would, however, be entitled to refixation of pay from 1.4.2002 as well as retirement benefits on that basis. The third respondent shall pass orders to put into effect the above directions within one month from the date of receipt of a copy of this judgment. The arrears of pensionary benefits arising therefrom shall be paid within one month from the date of passing orders as above. The judgment would stand modified as above."
2. We are of the opinion that the petitioner got the maximum benefit that can be granted by this Court and we see no ground to interfere with the judgment at the instance of the appellant. Writ Appeal fails. Dismissed.
J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ.
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M.F.A.NO:
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JUDGMENT Dated: