J SIMON Vs. SECRETARY TO GOVERNMENT
LAWS(KER)-2003-2-17
HIGH COURT OF KERALA
Decided on February 26,2003

J SIMON Appellant
VERSUS
SECRETARY TO GOVT Respondents

JUDGEMENT

- (1.) The question raised in this Original Petition is whether an employee who is imposed with a punishment of reduction in rank should be demoted to the rank just below the post which he was holding at the time of punishment or can he be demoted to a further lower post.
(2.) The petitioner was found guilty of certain misconducts while he was working as Clerical Assistant in the Finance Department of the State Government. Consequently, as per Ect.P1 order, he was demoted to the post of Peon. Originally, the punishment was one of compulsory retirement from service. On review, the Government imposed the punishment of reversion to the entry post of Peon for 3 period of three years with effect from 8.8.1988. After completion of three years in the demoted post, the petitioner was promoted as Attendor with effect from 19.8.1991. Aggrieved by the action of the respondents in not promoting the petitioner to the post of Clerical Assistant, which he was holding at the time of imposition of the punishment, he submitted a representation dated 4.10.1995 requesting to post him as Clerical Assistant with effect from 19.8.1991. As his request was not considered, the petitioner approached this Court by filing O.P.No. 19541 of 1995 praying for a direction to post him as Clerical Assistant on the date on which he was promoted to the post of Attender. As per the direction contained in Ext.P3 judgment, the case of the petitioner was considered again and as per Ext.P4 order of the first respondent dated 29.1.1996, the petitioner was promoted as Clerical Assistant with effect from 3.5.1995. Now, the present Original Petition is filed challenging Exts.P1 and P4 orders. The petitioner died during the pendency of the Original Petition and his wife and children who are the legal heirs are impleaded as additional petitioners 2 to 6.
(3.) Admittedly, the punishment of reduction in rank, from the post of Clerical Assistant to that of Peon, was imposed on the deceased employee finding him guilty of the charges leveled against him. On completion of three years in the demoted post, the employee was promoted to the next higher post of Attender instead of Clerical Assistant, the post he was holding at the time of imposition of the punishment. The contention of the petitioners is that as per Rule 11 of the Kerala Civil Services (Classification, Control and Appeal) rules, 1960 (hereinafter referred to as "the Rules") the demotion of the deceased employee to the post of Peon is irregular and illegal and that demotion ought to have been to the next lower post, that is, Attender. It is also contended that after the completion of three years in the demoted post of Peon, he should have been promoted as Clerical Assistant with effect from 19.9.1991 instead of Attender.;


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