Kerala High Court
K.Sivadasan vs Union Of India on 8 November, 2024
2024:KER:83564
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 28530 OF 2019
PETITIONER:
K.SIVADASAN,
AGED 60 YEARS,
GREFF NO. GS-156187 Y,
SENIOR DRAFTSMAN,
(RETIRED ON 30.4.2019),
GENERAL RESERVE ENGINEER FORCE,
S/O KUNJUPILLAI G,
SAYOOJYAM, PALLICKAL N MURI P.O.,
MAVELIKKARA, PIN - 690 503.
BY ADVS.
U.BALAGANGADHARAN
R.PRADEEP KUMAR
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVT.,
DEPARTMENT OF DEFENCE, NEW DELHI.
2 THE DIRECTOR,
GENERAL BORDER ROADS (DGBR),
SEEMA SADAK BHAVAN, RING ROAD,
NARAYANA P.O., DELHI CANTT,
NEW DELHI - 10.
3 THE OFFICER IN CHARGE,
RECORD OFFICE, GENERAL RESERVE ENGINEER FORCE,
DIGHI CAMP, PUNE - 411 015.
4 THE PRINCIPAL CONTROLLER OF DEFENCE,
OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE, ACCOUNTS
(PENSIONS), ALLAHABAD - 211 003.
W.P.(C)No.28530 of 2019 2 2024:KER:83564
BY ADV SRI.DAYASINDHU SREEHARI N.S., CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28530 of 2019 3 2024:KER:83564
JUDGMENT
The petitioner was working with the GREF as a Senior Drafts
man, when Exts.P4, P5 and P6 lists of eligible persons who could be
promoted as Chief Draftsman Group B, was notified by the
respondents. However, further proceedings pursuant to Ext.P4 and
actual promotion of the petitioner was not effected till he
superannuated on 13.04.2019. The petitioner points out that after his
retirement as Senior Draftsman, those who were in the lists and were
juniors to the petitioner, were promoted, as seen from Ext.P8.
2. In such circumstances, the petitioner has filed the
captioned writ petition seeking the following reliefs: -
"i)To issue a writ of mandamus or any other
appropriate writ, order or direction to the 2 nd
respondent to grant notional promotion to the petitioner
along with all consequential benefits retrospectively
from 2010 onwards.
ii)To issue a writ of mandamus or any other
appropriate writ, order or direction directing the 2 nd
respondent to declare that the petitioner is eligible for
promotion as Chief Draftsman retrospectively from
2010 onwards.
iii)To issue such other and further reliefs as this
Hon'ble Court may deem fit and necessary, in the
facts and circumstances of the case."
W.P.(C)No.28530 of 2019 4 2024:KER:83564
3. I have heard Sri. Pradeep Kumar, the learned
counsel for the petitioner and Sri. Daya Sindhu Srihari, the learned
Central Government Counsel.
4. Sri. Pradeep Kumar, the learned counsel for the
petitioner points out that the petitioner is not seeking any financial
benefits or even retrospective appointment on notional basis. He
points out that the petitioner is only seeking for a notional promotion
w.e.f. the date of Ext.P5.
In the light of the afore submission made by the learned
counsel for the petitioner and especially since, the petitioner
specifically points out that he is not claiming and will not claim any
financial benefits on account of the promotion granted to him, I order
this writ petition as under: -
i. The petitioner to be provided a notional promotion as
Chief Draftsman pursuant to Exts.R3(a) and (b), within
a period of one month from the date of receipt of a
copy of this judgment.
ii. The petitioner to furnish a copy of the afore judgment
as well as a representation seeking the implementation
of the directions contained therein, to the concerned
among the respondents within a period of two weeks
W.P.(C)No.28530 of 2019 5 2024:KER:83564
from the date of receipt of a copy of this judgment.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
W.P.(C)No.28530 of 2019 6 2024:KER:83564
APPENDIX OF WP(C) 28530/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
DISCHARGE CERTIFICATE OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE MOVEMENT ORDER OF THE
PETITIONER DTD.30.4.2019.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PROVISIONS OF
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
BORER ROADS DEVELOPMENT BOARD GENERAL
RESERVE ENGINEER FORCE(BORER ROADS
ORGANIZATION) CHIEF DRAFTSMAN GROUP B POST
RECRUITMENT RULES 2012.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DTD
20.9.2017 ALONG WITH THE ELIGIBILITY LIST.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION FOR
PROMOTION FROM SUBORDINATES TO OFFICER RANK
ALONG WITH THE LIST SENIOR DRAFTSMAN
DTD.19.6.2018.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION FOR
PROMOTION FROM SUBORDINATES TO OFFICER RANK
ALONG WITH THE LIST SENIOR DRAFTSMAN DTD.
16.8.2018.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION
DTD.28.3.2019 TO THE 1ST RESPONDENT SEEKING
IMPLEMENTATION OF CADRE REVIEW AND FOR
ISSUANCE OF PROMOTION CUM POSTING ORDERS.
EXHIBIT P8 TRUE COPY OF THE PROMOTION CUM POSTING
ORDER DTD. 30.8.2019.
