THRESSIAMMA KURIEN MECHERY Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ petitions are filed by persons who are holding the re-designated posts of Senior Superintendent in the Electricity Department of Thrissur Municipal Corporation (for short 'the Corporation'). The facts and issues are intrinsically intertwined and therefore they were jointly heard and are taken up for joint disposal. W.P.(C).No.2212 of 2005 is taken as the leading case and the documents and parties are referred to hereinafter in the manner they are set out in the order they are arrayed, in W.P.(C)No.2212 of 2005 unless otherwise specifically mentioned. In fact W.P.(C) No.17763 of 2010 has been filed jointly by the 3rd and 5th petitioners in W.P.(C) No.3187 of 2005 after their retirement from the service of the Electricity Department of the Corporation for full pension and other retiral benefits after re-fixing their pay in accordance with the Board's order dated 1.8.95 and G.O. dated 13.8.09 and for such other reliefs.

(2.) THE facts necessary for disposal of these writ petitions are as hereunder:-

(3.) THE petitioners who got sufficient seniority in the category of Junior Superintendent under the Electricity Department of the Corporation were then, promoted as Senior Superintendents, essentially, against the re-designated posts of Junior Superintendents. The Director of Local Fund Audit raised objections against such promotion, in troth, their placement in the re-designated post of Senior Superintendent. Taking into account the said objection, Government issued Ext.P8 order holding that only five posts of Junior Superintendent are allowable in the Electricity Department of the the Corporation and consequently directed for cancelling the promotions granted in excess and also for recovering the excess pay disbursed to the excess promotees. Pursuant to the said order, the petitioners in these writ petitions apprehend reversion from the post of Senior Superintendent and recovery from their salary. It is in the said circumstances that these writ petitions except W.P.(C)No.17763 of 2010 have been filed. The circumstances under which W.P.(C)No.17763 of 2010 was filed have been adverted to, earlier.