T.K.VENUGOPAL Vs. GURUVAYOOR DEVASWOM COMMISSIONER

JUDGEMENT

(1.) THE petitioner is a First Grade Overseer who was appointed in the first respondent on 08.08.1986. After completion of ten years as per the extant rules his first higher grade was granted with effect from 22.10.1996 by Ext.P1. Subsequently, after completion of a further period of eight years, the petitioner filed a representation dated 05.10.2001 requesting sanction of time bound higher grade for 18 years, he having completed eight years service in the first promoted post as First Grade Overseer. The Competent Authority of the second respondent by Ext.P2 sanctioned the same. However, a period of thirteen days between 01.04.1987 and 13.04.1987 was held to be Leave Without Allowance ('LWA' for short), since there was no medical certificate available in the files.

(2.) HENCE the Authority by Ext.P2 order found that the first higher grade should have been granted only after reckoning the said period as LWA and excluding the said thirteen days. On such understanding and finding without notice to the petitioner, the Authority sanctioned the second higher grade but however, made modification with respect to the increment date even with regard to the sanction of first higher grade as also the second higher grade. The petitioner challenges the same as arbitrary and illegal as also violative of principles of natural justice. It is the contention of the petitioner that, he had submitted a leave application and that the mere fact that the records of the second respondent did not contain the said leave application submitted nine years back, could not be a reason to revise the earlier higher grade granted to the petitioner, that too granted nine years back.

(3.) LOOKING at Ext.P1, it is evident that, at that point LWA for 75 days between 21.02.1988 and