Kerala High Court
State Of Kerala vs Babu.K.S on 3 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
RP NO. 412 OF 2024
AGAINST THE JUDGMENT DATED 27.02.2024 IN OP(KAT) NO.82 OF 2024 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS 1 TO 6 IN OP(KAT) :
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE SECRETARY
PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA, PIN - 695001
3 THE SECRETARY
SOCIAL JUSTICE DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA, PIN - 695001
4 THE DIRECTOR
SOCIAL JUSTICE DEPARTMENT,
DIRECTORATE OF SOCIAL JUSTICE,
VIKAS BHAVAN,
THIRUVANANTHAPURAM,
KERALA, PIN - 695033
5 THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT,
SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM,
KERALA, PIN - 695033
6 THE COMMISSIONER FOR RURAL DEVELOPMENT
COMMISSIONERATE FOR RURAL DEVELOPMENT,
SWARAJ BHAVAN,
NANTHANCODE,
THIRUVANANTHAPURAM,
PIN - 695033
BY SRI.K.A.ANAS, SR.GOVERNMENT PLEADER
RP No.412 of 2024
IN OP(KAT)NO.82 of 2024
2
RESPONDENT(S)/RESPONDENT IN OP(KAT) :
BABU.K.S.
S/O LATE K.S. SREEDHARAN,
HEAD CLERK, LALAM BLOCK PANCHAYATH,
ANEENAD.P.O., KOTTAYAM DISTRICT,
RESIDING AT KALLUVETIL,
NAVAGRAHA, KANJIRAPPALLY,
THAMBALAKKADU.P.O, KOTTAYAM,
KERALA, PIN - 686506
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.412 of 2024
IN OP(KAT)NO.82 of 2024
3
JUDGMENT
A.Muhamed Mustaque, J.
After hearing the learned senior Government
Pleader for the State and the learned counsel for the
respondent, we find that there is some merit in the
argument raised by the learned senior Government Pleader
for reviewing the order. This Court had not gone into the
merit of the issue and following the judgment in O.P.
(KAT)No.312 of 2023 dismissed the original petition at the
threshold.
2. The original petition was filed by the State
challenging the interim order of the Tribunal ordering the
Government to take steps for promotion of Head Clerks
who are differently abled to the post of Junior
Superintendent/Joint BDO based on seniority.
3. The learned senior Government Pleader
submits that the post of Junior Superintendent/Joint BDO
has not been identified so far by the Government for
IN OP(KAT)NO.82 of 2024
promotion among the disability candidates. We note that
rather than in the interim order it is appropriate that the
Tribunal address the issue after hearing the Government.
4. We accordingly review this judgment and
disposed of the matter directing the Tribunal to consider
whether promotion can be affected in the post of Junior
Superintendent/Joint BDO. It may not be proper to address
such an issue in the interim order as to the question
whether such promotion can be effected to the differently
abled candidates in the post of Junior Superintendent/Joint
BDO will have to be addressed by the Tribunal.
Accordingly, the Review Petition is allowed and
the original petition itself is disposed of with direction to
the Tribunal to consider the matter afresh. However, we
make it clear that the retirement of the respondent will not
preclude him from claiming the benefit. If it is ultimately
found that he is entitled for pay fixation in the post of Junior
Superintendent/Joint BDO from the date on which he was
entitled, he shall be given promotion atleast notionally.
IN OP(KAT)NO.82 of 2024
Accordingly, contempt proceedings now initiated are also
directed to be dropped.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
rkj
IN OP(KAT)NO.82 of 2024
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF JUDGMENT DATED
27.02.2024 IN OP(KAT)82/2014
Annexure II TRUE COPY OF GO(P)NO.5/2022/SJD DATED
15.07.2022
Annexure III TRUE COPY OF THE RELEVANT PAGES OF THE
G.O.(P)NO.7/2022/SJD DATED 28.10.2022
