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R. ACHUTHAN UNNITHAN versus STATE

High Court of Kerala

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R. ACHUTHAN UNNITHAN v. STATE - OP No. 6964 of 2001(D) [2006] RD-KL 3107 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6964 of 2001(D)

1. R. ACHUTHAN UNNITHAN
... Petitioner

Vs

1. STATE
... Respondent

For Petitioner :SRI.P.C.SASIDHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :11/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P. NO. 6964 OF 2001

Dated this the 11th day of December, 2006



J U D G M E N T

Petitioner retired from service on 31.5.01 while working as Superintendent of Survey and Land Records. The promotion granted to him was provisional. According to the petitioner, he is entitled to be included in the DPC list for regular promotion for the year 2001. But the DPC met only in December 2002. According to the Director, the petitioner could not be considered since he was not in service. It is not in dispute that his juniors were given regular promotion since they happened to be in service. I am afraid the stand of the Survey Director cannot be justified. The seniority of officers in the Survey Department was a matter of long pending litigation and the same was settled only towards the end of service of the petitioner. On such settlement, the DPC was met and took steps to regularise the promotions. As far as the petitioner is concerned, his entitlement has to be considered taking note of his eligibility as on the date of occurrence of the vacancy. That he had retired from service when the DPC met cannot be projected against him since the promotions had to be regularised retrospectively on account of the settlement of the seniority subsequently. Since the petitioner had already retired from service, action OP NO.6964/01 Page numbers in this regard has to be taken by the Government. The writ petition is disposed of as follows: Petitioner will produce a copy of this judgment along with a proper representation before the 1st respondent, within a period of two months from today. Thereafter the 1st respondent will consider the matter in the light of the observation contained in this judgment to grant the notional promotion to the petitioner and fix his pay and settle his pension accordingly, within a period of three months from the date of production of a copy of this judgment by the petitioner.

KURIAN JOSEPH, JUDGE

vps OP NO.6964/01 Page numbers

KURIAN JOSEPH, JUDGE

OP NO.6964/01

JUDGMENT

11th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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