FRANCIS P A Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) The question which arises for consideration in this writ petition is whether relinquishment of regular promotion by a Government Servant and accepted by the competent authority can, thereafter, be withdrawn by him. Learned counsel for the petitioner has relied on the judgment of a Bench of this Court reported in State of Kerala v. Susheela George, 2000 KHC 625 : 2000 (2) KLJ 501 : ILR 2000 (3) Ker. 722 : 2000 (3) KLT 295 and a decision of a learned Single Judge in Kumar v. State of Kerala, 2002 KHC 484 : 2002 (2) KLJ 189 : 2002 (2) KLT 630 as affirmed by the Division Bench in WA No. 1220/02, to contend for the position that if there was a right to relinquish the promotion then there is a concomitant right to withdraw such relinquishment.

(2.) The petitioner, while working as Upper Division Clerk in the Panchayat Service, was promoted as a first Grade Secretary in 1992. While so, he was further promoted to the post of Junior Superintendent as per the proceedings dated 01/08/2001 of the Director of Panchayats. According to the petitioner, it was inconvenient for him to accept promotion due to personal reasons. His mother was undergoing treatment due to serious illness and therefore he had temporarily relinquished such promotion for a period of one year as provided in R.38 of the Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as "the Rules"). By Ext. P1 order, the relinquishment made by the petitioner for a period of one year with effect from 01/08/2001 was accepted.

(3.) Petitioner submits that even after the expiry of one year, his mother had not recovered from her illness and therefore, considering the fact that he had to retire on 31/03/2004, he filed a representation before the Director, on 05/06/2002, seeking to extend his relinquishment on a more permanent basis i.e. from 01/08/2002 to 31/03/2004 (the date of his retirement on superannuation). By Ext. P3 order, the Director accepted the petitioner's relinquishment of promotion to the cadre of Junior Superintendent, treating the relinquishment as one made in relation to regular promotion offered to the petitioner, on a permanent basis.