STATE OF KERALA Vs. THOMAS PAUL

JUDGEMENT

(1.) THE respondents in the writ petition are the appellants. The respondents herein were the writ petitioner.

(2.) THE brief facts of the case are the following: the 1st respondent is an Assistant Public Prosecutor grade-I. The 2nd respondent is an Association of Assistant public Prosecutors. The Special Rules are issued by the government in 1996 governing qualifications and method of appointment to the posts of Deputy Director of Prosecution and senior Assistant of Public Prosecutor, Assistant Public prosecutor Grade-I and Assistant Public Prosecutor Grade-II. But, based on the said Rules, the Departmental Promotion committee never met or considered the claim of eligible incumbents for promotion. The matter was delayed and finally departmental Promotion Committee met in 2007 and published a select list for promotion to the post of Assistant Public prosecutor Grade-I. The said list contained 50 Assistant Public prosecutors Grade-II found eligible for promotion as Grade-I. The Government accepted the proposal of the DPC and notified the same by Ext. P2 notification dated 31. 7. 2007. In the light of that published list, the Government ordered consequential promotions as per Ext. P3 order dated 25. 1. 2008. It was ordered that the promotions will take effect from 30. 7. 2007. Later, the government issued Ext. P7 order stating that the promotions will take effect only from the date, the incumbents assumed charge instead of the date 30. 7. 2007. The Writ Petition was filed challenging Ext. P7 and also seeking other reliefs. Among the other reliefs sought, relief No. 4 is most important. The said relief reads as follows:

(3.) THE learned Single Judge, after hearing both sides, allowed the writ petition. So, the respondents in the writ petition preferred this appeal, feeling aggrieved by the said judgment.