The Hindu : Promotion: HC orders benefits for retired clerk

Online edition of India's National Newspaper
Friday, May 17, 2002

Southern States

Southern States - Kerala

Promotion: HC orders benefits for retired clerk

By Our Staff Reporter

Kochi MAY 16. The Kerala High Court has directed that notional promotions and consequent benefits be given to a retired panchayat officer.

The court issued the direction while allowing a writ petition filed by K. P. Bhaskaran who retired as Taluk Panchayat Officer, Nallepally, Pathanamthitta.

According to him, he was promoted as UD clerk in 1973 after exempting him from passing the relevant tests. The exemption was prescribed for the Scheduled Caste candidates under rule 13-AA of the Kerala State Subordinate Service Rules.

However, he was reverted to the post of Lower Division Clerk. When he passed the test, he was again promoted back to the post of UD clerk. He claimed that the reversion was not justified, as the exemption operated to his disadvantage.

The court while ordering promotion retrospectively pointed out that the petitioner had to be considered a person entitled for the benefits of exemption.

In view of the legal position clarified by the court in a number of cases, the petitioner could not be denied the benefits that were normally available to him.

The Judge also ordered that his pay should be notionally refixed so as to reflect them in retirement benefits including gratuity and pension. The difference in gratuity and pension should be paid within six months.

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