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K.P.PAULOSE versus STATE OF KERALA

High Court of Kerala

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K.P.PAULOSE v. STATE OF KERALA - OP No. 8120 of 2000(N) [2007] RD-KL 12480 (9 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 8120 of 2000(N)

1. K.P.PAULOSE
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SMT.MARY BENJEMIN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :09/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.8120 OF 2000

Dated this the 9th day of July, 2007



JUDGMENT

This is an unfortunate case of a Pre-primary School Teacher having come to this Court for a 4th time. The files disclose sheer nepotism and administrative highhandedness. By Ext.P1 judgment rendered in 1998, this Court directed consideration of an application for correction of date of birth. By Ext.P3, the decision taken thereafter was quashed and an order of costs of Rs.2,500/- was imposed on the Government, along with a direction to consider the application of the petitioner. On 3.7.1999. the impugned Ext.P4 has been issued correcting the date of birth. The petitioner continued to serve as UPSA on the basis of the correction. However, for reasons best known to the officer who made Ext.P4, the rectification made by Ext.P4 regarding date of birth was ordered to be confined for calculating pension "without retaining any other claim for the purpose of fixing pensionary benefits and the increments to the petitioner would have earned during the extended period will OP.8120/00 Page numbers also be reckoned notionally". There was absolutely no reason for confining the relief to the petitioner by notional fixation of monitory benefits that might be due to him on account of the correction of date of birth. To say the least, Ext.P4 demonstrates an administrative perverse and a hostile attitude in discharging public function. This is a clear case where a UPSA stands harassed in spite of repeated interventions by the constitutional court. In the result, the writ petition is allowed quashing Ext.P4 to the extent it denies increment or any other relief to the petitioner in terms of the correction of date of birth as ordered thereby. All arrears due to the petitioner will be released with 6% interest from 1.4.1990 till the date of payment within a period of two months from the date of receipt of a copy of this judgment. Though this is a fit case to impose exemplary costs, having regard to the fact that the State Government had once paid Rs.2,500/- as costs to the petitioner on account of the actions of its officers, I do not think it will be in the interest of OP.8120/00 Page numbers the State Exchequer to let it deplete further because of the actions of such erring officers. Order for costs is, therefore, declined. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.8120/00 Page numbers
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.8120 OF 2000

JUDGMENT

9TH JULY, 2007.
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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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