STATE OF KERALA Vs. K. SANKARAN NAIR

JUDGEMENT

(1.) The appeal is against the judgment in O. P. 7945 of 1988. Respondents therein are the appellants herein,

(2.) Petitioners in the original petition, respondents herein were appointed as Junior Engineers in the erstwhile Travancore Cochin State. On the formation of the State of Kerala they were promoted as Assistant Engineers (since then redesignated as Assistant Executive Engineers) on various dates. Their juniors as per the integrated gradation list as on 1-11-1956 were promoted to that cadre on 18-12-1956. Petitioners also were given the benefit of retrospective promotion from the date on which their juniors were promoted, but this order was subsequently cancelled. The order was challenged before this Court in O. P. 5053/80. The petition was allowed and the Government was directed to refix the emoluments of the petitioners consequent on their notional promotion and disburse the arrears of emoluments consequent on such refixation. This order was challenged in writ appeal but without success. Government thereafter directed disbursement of arrears of emoluments consequent on refixation. While giving effect to this order the directions of this Court was not implemented in full. Petitioners had therefore to approach this Court again. By judgment in O.P. 9611/83 petitioners were directed to make representations and respondents were directed to look into those representations and pass final orders. Those representations were disposed of by the Government. Regarding reoption they were directed to submit individual petitions. Representations were made by petitioners. The reoption was accepted in the case of petitioners 1, 2 and 5. In the case of petitioners 3 and 4 no order has been passed on their representation. The request for arrears of emoluments as also the benefit of refixation on account of subsequent orders was not granted. That necessitated the filing of the present original petition, O. P. 7945/88 by which petitioners sought a writ of certiorari quashing the orders to the extent to which the authorities refuse to disburse the arrears of emoluments due to the pensioners as per the directions in the judgement in O. P. 5053/80 and the order issued by the Government in pursuance thereto. A writ of mandamus was also prayed for directing the first respondent - first appellant to allow petitioners 3 and 4 to exercise reoption and for disbursement of arrears of emoluments on such reoption.

(3.) Though notice of the original petition was served on the respondents in May 1989 no counter affidavit was filed for a period of more than three years. Learned Single Judge after hearing the counsel for petitioners and the Government Pleader directed the appellants to compute the monetary benefits due to the respondents herein on the basis of the refixation of salary. The arrears due to petitioners 1, 2 and 5 were directed to be quantified and disbursed without any delay. It was also directed that final orders on the option statements submitted by petitioners 3 and 4 should be passed without further delay and consequent on refixation their salary also must be fixed in the new scales of pay and on that basis arrears are to be calculated and paid. Appellants were further directed that the monetary benefits should be paid within a period of three months from the date of receipt of a copy of the judgment failing which the amount will carry interest at the rate of 12% per annum. Aggrieved by this decision the State has come up in appeal.