STATE OF KERALA Vs. V SUDHAKUMAR

JUDGEMENT

(1.) In the facts presented in this case, what arises for consideration is the operational ambit of sub-clause 14 of Rule 28(b)(i) of Part II KS & SSR. The said provision reads as under:

(2.) This Original Petition has been filed by the State of Kerala and its functionaries, impugning the order of the Kerala Administrative Tribunal in O.A.No.1551 of 2015 dated 2nd September, 2016. The said O.A. was filed by the respondent herein, who states that he retired as Senior Superintendent from the service of the Department of Insurance Medical Service on 30.11.2013. His claim in the O.A. was for promotion w.e.f. 01.12.2012, on which date, he asserts that there arose a vacancy to the said post.

(3.) The pleading on record would show that while the respondent was working as Jr. Superintendent, he was included in the Select List for promotion to the post of Senior Superintendent in the year 2011 and offered promotion as such by order dated 23.06.2011. According to the respondent, due to certain personal reasons, he was unable to accept the promotion and that he offered to relinquish it for a period of one year,, which offer was accepted. He says that he was subsequently promoted as Sr.Superintendent through Annexure A2 order only on 13.11.2013, eventhough he was entitled to be promoted w.e.f. 01.12.2012, the date of which a vacancy in the post of Senior Superintendent arose. His claim was, however, rejected by the competent Authority on the ground that the (Departmental Promotion Committee (DPC in short) met only on 05.11.2013 to fill this vacancy and, therefore, that he is entitled to be promoted to the post, based on the orders of the DPC, from a prospective date. The respondent challenged Annexure A2 and A6 as being illegal and unlawful as contrary to the provisions of Clause 14 of Rule 28(b)(i) of Part II KS & SSR.