SIVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner in O. P. No. 9800 of 1989 is the appellant herein. THE respondents herein are the respondents in the original petition -State of Kerala and the Director of Scheduled Caste's Development Department. THE petitioner entered service as Lower Division Clerk in the Harijan Welfare Department on 23-9-1957. He retired from service on superannuation in 1984. His main complaint is that his legitimate promotion was withheld and was not given. For no fault of the petitioner, he was not actually promoted on the due dates and was prevented from working in a post which he was entitled. In other words, the petitioner was unreasonably by illegally denied the legitimate promotions and was prevented from working in higher posts.

(2.) THE original petition was filed to quash Exts. P5 and p6 (a) - proceedings of the Government dated 24-6-1987 and proceedings of the director of Scheduled Caste Development Department dated 22-6-1988. THEre was also a prayer for a declaration that the petitioner is entitled to all benefits- including monetary benefits - consequent on his notional promotion such as arrears of pay and allowances, refixation of pay, etc. THE petitioner also prayed for the issue of a writ of mandamus directing the respondents to give the petitioner the full benefits consequent on his notional promotion such as arrears of pay and allowances, refixation of pay, etc.

(3.) WE are of the view that this writ appeal can be disposed of without going into the larger question raised before us, in view of the orders passed by this Court in earlier proceedings. The latest of the proceedings initiated by the petitioner, O. P. No. 1239 of 1981, was disposed of holding that the Government will consider whether the petitioner is eligible for promotion on the basis of the principles evolved in the Government order dated 6-9-1980 (G. O. Rt) No. 2459/80/dd ). It was also made clear that the government should give all benefits to the petitioner, if he is found eligible for promotion on the basis of the principles contained in the above-said government order. It is in pursuance thereto, Ext. P5 was passed by the government dated 24-6-1987. The Government found that the appellant is eligible for the benefits contemplated in G. O. (Rt. No. 2459/80/dd dated 6-9-80 and will be eligible for promotion against the vacancy which arose on 10-10-1957. On this basis, it was further held that the appellant will be given notional promotion to the post of Upper Division Clerk with effect from 10-10-1957 and consequential promotions and fixation of pay subject to the condition that he will only be eligible for back arrears of pension. The short question that arises herein is, having held that the petitioner is entitled to the benefits contemplated by the Government order dated-6-9-1980 and the consequential promotions and fixation of pay will be given to him, can it be limited for the purpose of back arrears of pension only?