High Court Kerala High Court

M.S.Pratheesh vs State Of Kerala on 24 February, 2010

Kerala High Court
M.S.Pratheesh vs State Of Kerala on 24 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6112 of 2010()



1. M.S.PRATHEESH
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.N.CHANDRABABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :24/02/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C) NO. 6112 OF 2010
                    --------------------------------------------
                  Dated this the 24th day of February, 2010


                                 JUDGMENT

The petitioner is presently working as Work Superintendent in the

Corporation of Kollam. The main relief sought for by the petitioner is for

a direction to the second respondent to regularise his pay in terms of

Exts.P9 and P10 Government Orders in the light of Rule 159 of Part I of

the Kerala Service Rules and for consequential benefits. Earlier, finding

that there is substance in the contention of the petitioner, his pay was fixed

in terms of the request made by him by the Secretary, Punalur Municipality

as per Ext.P5. However, that was objected to by the Local Fund Audit

and the excess pay drawn by him was ordered to be recovered. In the

circumstances, raising the said contentions and even the ground of hostile

discrimination, the petitioner has preferred Ext.P11 representation before

the first respondent.

2. Evidently, the petitioner has taken up all the above contentions

including the contentions based on Exts.P9 and P10 Government Orders as

also his entitlement under Rule 159 of Part I of the Kerala Service Rules in

Ext. P11 dated 4.8.2008. The grievance of the petitioner is that despite the

W.P.(C) NO. 6112/2010 2

receipt of Ext.P11, no action has been taken so far.

In the circumstances, considering the fact that Ext.P11

representation has been submitted by the petitioner as early as on 4.8.2008

and that the grievances raised by the petitioner are matters which can be

looked into by the first respondent, I think this Writ Petition can be

disposed of with a direction to the first respondent to consider and pass

orders on Ext.P11 within a period of three months from the date of receipt

of a copy of this judgment. Ordered accordingly.

(C.T. RAVIKUMAR, JUDGE)

sp/

W.P.(C) NO. 6112/2010 3

C.T. RAVIKUMAR, J.

W.P.(C) NO. 6112/2010

JUDGMENT

24th February, 2010