K P PRATHAPACHANDRAN NAIR Vs. DIRECTOR OF FISHERIES

JUDGEMENT

(1.) IT is submitted before me that prayer Nos. (i) and (iii) had already been granted. Therefore, I am not considering those prayers. Petitioner has also asked for interest. There was delay in payment of DCRG until 15.9.98 though he had retired on 30.11.96. No contention is raised from the respondents side justifying this delay. Necessarily, interest shall be granted from the date of completion of three months time from the date of retirement until the date of payment and it shall be at 6% per annum. In the second prayer, the petitioner has asked for arrears of salary attached to the post of Technical Assistant for the period from 1.4.81 to 27.9.84. That is a too belated claim to be raised in the original petition filed in 1998 that too after retirement of the petitioner.

(2.) PETITIONER also challenges Exhibits P12 and P14. In Exhibit P12, petitioner's claim for higher grade promotion taking into account the notional period was rejected. Higher grade promotion is granted on completion of specified period of service in a particular post. Another ground stated for rejection that contention is that it is not a regular promotion post but a post to be filled up on appointment by transfer. For an incumbent is concerned, it is immaterial whether he gets a lift either by promotion or by appointment by transfer. Therefore, that contention in Exhibit P12 is not justified. If there was eligibility to be considered for appointment by transfer and that appointment by transfer was delayed by the department, it cannot be taken that the incumbent shall be denied the benefit of grade promotion. As per sub - rule 6(f) of Rule 2 of Part I K.S.& S. S. Rules, the period when one is given the benefit of notional promotion shall also form part of the duty. In such circumstances, the view taken in Exhibit P12 that the period of notional promotion cannot be taken for higher grade, is totally unjustified. Exhibits P12 and P14 are therefore quashed. Accordingly, petitioner shall be entitled to count that period of service for higher grade. Orders shall be passed in place of Exhibit P12 within three months. No costs.