IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28253 of 2008(L)
1. A.ABDUL RASAK, RESIDING AT KOKKATTU
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY ITS
... Respondent
2. THE DIRECTOR, SURVEY AND LAND RECORDS,
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/11/2009
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) No. 28253 OF 2008
&
W.P.(C) No. 21396 OF 2009
=====================
Dated this the 4th day of November, 2009
J U D G M E N T
In these writ petitions, the challenge is against the re-
fixation of pay of the petitioners. It is now pointed out by both
sides that identical issues have been considered by this Court in
the judgment in WP(C) No.17307/08 and connected cases, which
were disposed of by judgment dated 24th of September, 2009 with
the following directions:
“In view of the elaborate discussion that I have
undertaken, I consider it appropriate to encapsulate my
conclusions, as hereunder:
(1) The petitioners, who were not qualified to be
appointed to the post of Technical Assistant, coming
within the purview of the Special Rules for Kerala
State (Survey and Land Records), were not entitled
to be granted third time bound higher grade in the
scale of pay applicable to a Technical Assistant, on
completion of 25 years of service.
(2) The petitioners were entitled to third time bound
higher grade on completion of 25 years of service in
the scale of pay immediately above the scale of pay
as fixed in the revised orders, which is in consonance
W.P.(C) No. 28253 OF 2008
&
W.P.(C) No. 21396 OF 2009
:2 :
with Clause 3(b)(vii) of G.O.(P)No.930/93.
(3) The revision of the scale of pay and consequent
revision of the pension being drawn by the
petitioners as effected in the orders impugned in the
present cases are upheld, subject to the directions
issued hereunder:
(a) The respondents are restrained from
effecting recovery of any amounts,
consequent upon the impugned re-fixation of
pay and revision of pension, effected in the
case of these petitioners till and inclusive of
the date of this judgment.
(b) The petitioners, in each one of these cases,
may file a representation before the
Government within two months from the date
of receipt of a copy of this judgment, invoking
Rule 7 of Part I of the KSR, and request the
Government to exempt them from the re-
fixation of pay and consequent revision of
their pension and also to see that the pension
originally fixed in each of their cases is
continued.
(c) The Government shall consider the
representations filed by the petitioners
sympathetically and in the light of the
observations contained in this judgment on
W.P.(C) No. 28253 OF 2008
&
W.P.(C) No. 21396 OF 2009
:3 :
humanitarian considerations and take a
decision as early as possible.
(d) It is made clear that the Government will be
entitled to indicate, if they decide to accept
the case of the petitioners, that the
Government’s decision need not be treated
as a precedent in any other case.
(f) The interim order in each one of these cases
will continue to operate, till a decision is
taken by the Government on the
representations filed by the petitioners as
aforementioned.
(g) But, it is made clear that recovery for the
period, subsequent to the date of this
judgment, will abide by the decision to be
taken by the Government as aforementioned.
2. Facts being identical, the petitioners are also eligible
for the benefit of the aforesaid directions and it is so clarified.
3. In so far as WP(C) No.28253/08 is concerned, petitioner
has a case that the amount mentioned in Ext.P6 viz., Rs.15,702/-
has been withheld from his pension and that in view of this
judgment, the said amount is to be disbursed. In the light of the
judgment referred to above, if any amount is withheld, that is
W.P.(C) No. 28253 OF 2008
&
W.P.(C) No. 21396 OF 2009
:4 :
liable to be disbursed. Therefore, there will be a direction to that
effect.
Writ petitions are disposed of as above.
ANTONY DOMINIC, JUDGE
Rp