High Court Kerala High Court

State Of Kerala vs S.Rajendran Pillai on 19 January, 2007

Kerala High Court
State Of Kerala vs S.Rajendran Pillai on 19 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2071 of 2006()


1. STATE OF KERALA,
                      ...  Petitioner

                        Vs



1. S.RAJENDRAN PILLAI,
                       ...       Respondent

2. P.S.PARAMESWARAN, ASSISTANT GRADE-1,

3. P.L.STEPHEN, ASSISTANT GRADE-1,

4. HIGH COURT OF KERALA REPRESENTED BY

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.S.P.ARAVINDAKSHAN PILLAY

The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :19/01/2007

 O R D E R
                   K.A.ABDUL GAFOOR &

                   K.R. UDAYABHANU, JJ.

  ==============================

                  W.A.NO. 2071 OF 2006

    ============================


 DATED THIS THE 19TH DAY OF JANUARY  2007


                           JUDGMENT

Abdul Gafoor,J.

Taking into account the relevant rule, the

eligibility for appointment by transfer as Assistant

Grade-II from among Typist/Copyist Grade-I as on the

relevant date and the retrospective promotion even

prior to that date to the post of Senior Grade

Typist/Copyist, such transfers are not strictly as per

rules. Anyhow to avoid heart burn, we are of the

view that the transfer granted to the respondents/writ

petitioners to the category of Assistant Grade-

II/Grade-I, shall be left undisturbed, but the higher

rate of pay that they were paid than that entitled on

such transfer if allowed from the category of

Typist/Copyist Grade-I, consequent on the

W.A.NO. 2071/2006 -2-

retrospective promotion as Senior Grade

Typist/Copyist, shall be treated as personal pay

until the same is wiped off by the accruing

increments in the scale of pay of Assistant Grade-II/I

as the case may be. The writ appeal is closed.

Sd/-

K.A.ABDUL GAFOOR

JUDGE

Sd/-

ks.                                              K.R.UDAYABHANU,

                                                        JUDGE

                            TRUE COPY


                            P.S.TO JUDGE