STATE OF KERALA Vs. K. INDIRA

JUDGEMENT

(1.) The State and its officials have filed this original petition, aggrieved by the order of the Kerala Administrative Tribunal in T.A. No. 4385 of 2012 allowing the transferred application, finding the applicant/first respondent herein to be eligible for second higher grade benefit from 23/3/1991, on completion of eight years of service in the promoted post of Upper Division Clerk.

(2.) An encapsulation of facts, as narrated in the original petition, with reference to the parties and documents as in the transferred application, is as under:

(3.) As per Exhibit P4, audit objection was raised against counting of applicant's service as Upper Division Clerk with effect from 23/3/1991 for the purpose of granting grade promotion. According to the audit team, the applicant's service from 20/5/1996 alone should have been reckoned, since the retrospective promotion with effect from 23/3/1991 was notional promotion, which cannot be taken into account for the purpose of granting grade promotion. Exhibit P5 reply was given to the audit objection stating that as per Rule 23(c) of Part I KSR, prior to its amendment by G.O(P)83/07/Fin. dtd. 1/3/2007, promotions which did not involve change of duties shall have effect from the date of the vacancy which occasioned the promotion. It was explained that though the 1st respondent was originally promoted as