ARAVINDAN P.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs :-

(2.) Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the Guruvayur Devaswom.

(3.) Petitioner was appointed as Health Assistant in the Guruvayur Devaswom on 21.04.1983. The post was later re-designated as Junior Health Inspector Grade-II. He was promoted as Additional Health Supervisor with effect from 15.03.2002. Later, on 01.06.2003, he was promoted as Health Supervisor and he continued so till his retirement on 28.02.2018. When his pensionary benefits were not disbursed to him, the petitioner approached the respondents with Ext.P1 representation. Ext.P2 communication was thereafter issued by the Senior Deputy Director of Local Fund Audit to the 2nd respondent pointing out that the petitioner had not acquired the departmental test qualification required for appointment to the post of Health Supervisor and that he had completed 25 years of service required for grant of exemption from test qualification only on 10.05.2008. It was therefore found that the promotions and increments granted to the petitioner were erroneous and that pensionary benefits could be fixed and disbursed only after the defects are rectified. Ext.P3 notice was issued to the petitioner by the 3 rd respondent on 11.12.2018 giving him further time to produce evidence of his acquisition of test qualification and informing him that his pay and pension would be refixed. Though Exts.P4 and P5 replies were submitted, the pensionary benefits were not disbursed.