"Luxury Litigation": Supreme Court On Kerala Challenging Clerk's Rank

The Supreme Court on Friday pulled up the Kerala government for filling an appeal against the High Court order affirming the seniority of an upper-division clerk and said “it is a luxury litigation” and dismissed it.

A bench of Justice DY Chandrachud and Surya Kant said, “In the case of an upper-division clerk, who has been given seniority, is there anything for the Supreme Court to interfere. This is luxury litigation. We are not only a court of law but also a court of justice as well.”

The top court dismissed the appeal against an order of the Kerala High Court dated January 17, 2022, and asked the state government to let it be.

“One upper-division clerk has been given seniority and the state government is here to challenge it. Why don't you do something better? You can build schools, roads, hospitals, and other infrastructure”, the bench said.

At the outset, counsel appearing for the state, said that the man was on leave without allowance at the time of promotion to Upper Division Clerk, and his seniority was revised from the date he rejoined the duties.

He submitted that the period of leave without allowance cannot be counted for any service-related benefits.

Justice Kant said that he was on leave and not absent from the duty and there is a difference between the two.

“You people indulge in luxury litigation just because you are a state”, the bench said, adding that there was no fraud on his (clerk's) part.

The Kerala High Court had last year passed the verdict in which it had held that the man, who had entered the service as a lower division clerk in the education department was entitled to retain his rank and seniority as settled in the final seniority list.

Aggrieved by the order, the Kerala government has challenged it in the apex court.

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