K.P. BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) WE have heard the learned Senior counsel appearing for the petitioner and the learned Senior Government Pleader.

(2.) THE applicant retired from service on 31.05.2002, while working as Health Inspector Grade -II. He is fighting for his eligibility to be considered to the categories of Health Assistant Grade -I (re -designated as Junior Health Inspector Grade -I) and later as Health Inspector Grade -II at par with the date on which his immediate junior was promoted. As per proceedings dated 25.06.1999, he was promoted as Junior Health Inspector Grade -I, and further as Health Inspector Grade -II, provisionally. The petitioner had made representations and had obtained adverse decisions at the hands of the Government. The Tribunal had also found fault with the delay on the part of the petitioner. Even now, the files relating to the petitioner are not, apparently, traceable with the Government. It appears that the Government proceeded as if the whereabouts of the petitioner were not known, while his juniors were promoted. At this distance of time, he could aspire only for the relief of fixation of his date of promotion at par with that of his immediate junior and thereby reckoning the last pay that he would have drawn on the strength of such promotions, as on the date of retirement. If that amount is arrived at, his retirement benefits can be revised by the Government without giving him any backwages as against the promoted categories against which he had admittedly not worked. The petitioner has also no claim for such backwages, salary, etc. We are sure that within the frame work of the Constitution and the laws and taking into consideration the sector in which the petitioner was working, the Government ought to take a sympathetic attitude in the case of the petitioner in the line of what is indicated above. To enable this process, we set aside the impugned order of the Tribunal and direct that if the petitioner places a fresh representation before the Secretary to Government, Department of Health and Family Welfare along with a copy of this judgment, he will take up that representation, give the petitioner an opportunity of hearing and take a final decision on it, in the light of what is stated above, within an outer limit of two months from the date of receipt of a copy of this judgment along with the representation as above. This original petition is ordered accordingly.