Khushi Bajpai
Published on: 06th August 2022 at 18:15 IST
The Kerala High Court held that the retrospective operation of a government order cannot be permitted particularly when it is merely an executive order, and not a legislation.
Justice Devan Ramachandran observed that the petitioner joined the university unaware of any conditions as put forth by the subsequent order; therefore, the retrospective operation of the order cannot be permitted.
Advocate Kaleeshwaran Raj appearing for the petitioner submitted that the petitioner was appointed as an assistant in the services of the Kannur university by creating a supernumerary post to accommodate him, based on a government order dated 07.08.2013, which provides for such a benefit to persons who are physically disables and who had been appointed initially through the employment exchange for a period of less than 180 days. The university had shifted the petitioner to a regular first when the vacancy arose.
The Court also observed that there is no justifiable reason for the government to object to the appointment of the petitioner to a regular vacancy as the vacancy would have been filed in any case, and the government is not facing additional financial burden.
Therefore, the Court allowed the petition with a consequential direction to the university to grant all eligible benefits to the petitioner.