Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the 4th respondent and the learned Government Pleader.
2. The petitioner has preferred this writ petition seeking that he be granted higher grade promotion with effect from a particular date and that he be granted leave and other privileges that is claimed to be legally due to him. I see that a counter affidavit has been filed on behalf of the Government, wherein, they have equivocally stated that the petitioner is not entitled to the benefits that has been asked for by. The relevant portion of the counter affidavit is as under:
"5. With regard to the statement and averments in Para 5 of the Writ Petition it is submitted that, the petitioner is entitled to get next higher grade promotion on completion of 23 years service in the clerical cadre. As the petitioner was promoted as clerk with effect from 01/7/88, he will W.P.(C)No.2149 of 2010 : 2 : get next higher grade promotion only on 01/7/11 i.e., completion of 23 years in the clerical cadre. As the petitioner joined in the service on 01/06/81, he got promotion as LDC only with effect from 01/07/88 and till then only the service for grade promotion will be counted. He retired from service as LDC on 31/01/09 and therefore he will not have the right to get next higher grade promotion.
6. With regard to grounds 1 & 2 it is submitted that, the petitioner was appointed as Last Grade Servant and joined in the service on 01/6/81 as peon. As per common judgment dated 23/01/98 in the OP No.1004/90 and OP No.916/1990, the 3rd respondent promoted the petitioner with retrospective effect as LDC with effect from 1/07/88. The petitioner was paid all the monetary benefits after effecting promotion including the arrear pay. The petitioner on completion of 16 years was granted 2nd higher grade in the scale of Rs.8390-13270 as per the order No.A3-4757/06 dated 10/11/06 from the 2nd respondent's office. The petitioner is entitled to get next higher grade promotion only on completion of 23 years service in the clerical cadre. As the petitioner was promoted as clerk with effect from 01/07/88, he will get next higher grade promotion only on 01/7/11, i.e, on completion of 23 years in the clerical cadre."
3. The only issue that could be now left is as to W.P.(C)No.2149 of 2010 : 3 : whether the petitioner would be entitled to encashment of leave which has been answered to the negative by the 4th respondent in paragraph 7 of their counter affidavit which is as under:
"7. With regard to the claim of the petitioner for leave encashment, it is submitted that the petitioner was given leave surrender benefits due to him from 1-9-1997, the date on which the petitioner was promoted as Lower Division Clerk by the management. Prior to 1-9- 1997, the petitioner was working as a vacation staff and had availed all the benefits due to the vacation staff. The petitioner is not entitled to get leave encashment benefit for the period from 1-7- 1988 to 31-8-1997 since he was actually working as Attender and had availed all the benefits due to the vacation staff. In other words, he is not entitled to receive the benefits of vacation staff and leave encashment benefits eligible for the non vacation staffs working in the College for the same period."
4. In such circumstances, since the petitioner is clearly not entitled to any of the benefits that has been sought for by him, I am unable to grant any of the reliefs prayed for by him in this writ petition. W.P.(C)No.2149 of 2010 : 4 :
In such circumstances, I dismiss this writ petition declining the reliefs prayed for. In the facts and circumstances of this case, I make no order as to costs and the parties are directed to suffer their respective costs.
Sd/-
DEVAN RAMACHANDRAN, JUDGE.
Bb/13/03/2017 [True copy] P.A to Judge