IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 37626 of 2001(D)
1. K.R.SREENIVASAN
... Petitioner
Vs
1. THE EXECUTIVE ENGINEER
... Respondent
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :23/11/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.No. 37626 of 2001
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Dated this the 23rd day of November, 2006
JUDGMENT
The writ petition is filed with the following prayers:-
(i) Issue a writ of certiorari or other appropriate
order quashing Ext.P4 order.
(ii) issue a writ of mandamus or other appropriate
writ or order commanding the respondents not to
initiate any action for the recovery of the salary paid
to the petitioner.
(iii) declare that the service rendered by the
petitioner in the Kerala Public Health and Engineering
Department is liable to be counted for the purpose of
granting increment and grade.
The undisputed factual position is that the provisional service rendered
by the petitioner originally is in the Public Health Engineering
Department and not in an autonomous body. While rendering the
provisional service in the said Department the said Department was
reconstituted as the Kerala Water Authority. While the petitioner was
continuing so in the Kerala Water Authority he was appointed in the
Public Works Department. It is not a situation as if an employee was
directly recruited to an autonomous body and later getting an
OP NO.37626/2001
-:2:-
appointment in Government service. The simple issue is whether the
petitioner is entitled to count the provisional service for the purpose of
higher grades in the Public Works Department. Since admittedly the
provisional service originally rendered by the petitioner is in
Government Department and which Department was subsequently
reconstituted as Kerala Water Authority and since the benefits which
the petitioner enjoyed in the Public Health Engineering Department
were continued in the Kerala Water Authority and since such service is
prior to 1-10-1994 the petitioner is certainly entitled to count the
provisional service for the purpose of higher grade. There will be a
declaration to that effect and the impugned orders are quashed.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.37626/2001
JUDGMENT
23rd November, 2006