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K.SHANMUGHAN PILLAI, AGED 59 YEARS v. THE STATE OF KERALA REP. BY THE - WP(C) No. 34551 of 2003(L)  RD-KL 15099 (7 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 34551 of 2003(L)
1. K.SHANMUGHAN PILLAI, AGED 59 YEARS,
1. THE STATE OF KERALA REP. BY THE
2. THE COMMISSIONER OF LAND REVENUE,
3. THE DISTRICT COLLECTOR, KOTTYAM.
4. THE SPECIAL DEPUTY COLLECTOR,(LA.)
5. THE TAHSILDAR, VAIKKOM, KOTTAYAM.
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.W.P(C).No.34551 OF 2003
Dated this the 7th day of August, 2007
The petitioner's claim for higher grade has been rejected by the Government as per the impugned Ext.P5 on the ground that higher grade was granted on 8.2.1992, without taking into consideration that, he had relinquished his promotion, though temporarily, till 9.2.1995 and the application for restoring the earlier relinquished promotion was filed only on 9.2.1995. Therefore, as on the date on which he was granted 25 years time bound higher grade, he was a person, who had relinquished a regular promotion. If that be so, the Government cannot be found fault with for having applied paragraph 10 (x) of G.O.(P). 480/89/Fin. dated 1.11.1989 which provides that time bound higher grade promotion will not be given for those who have relinquished promotions. That provision in the G.O. is part of the executive decision of the Government governing the field of grant of higher grade and does not run contrary to any WPC.34551/03 Page numbers provisions of the statutory rules. The writ petition, therefore, fails and is accordingly dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.
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