IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27137 of 2005(S)
1. THE ADMINISTRATOR, UNION TERRITORY
... Petitioner
2. THE SECRETARY TO ADMINISTRATOR
3. THE PRINCIPAL PAY AND ACCOUNTS OFFICER,
4. UNION OF INDIA, REPRESENTED BY THE
Vs
1. B.C. ABDUL HAYATH, PEON,
... Respondent
For Petitioner :SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN
For Respondent :SRI.P.R.RADHAKRISHNAN, CGC
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/03/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
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W.P.(C).NO.27137 OF 2005 (S)
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Dated this the 19th day of March, 2007
J U D G M E N T
KOSHY,J.
First respondent joined the service as casual labourer in
the department of Agriculture on daily wages on 1.6.1979 and
he was granted temporary status with effect from 1.9.1993 by
order dated 9.10.1996. On 20.2.2001, he was offered
temporary Group D post of Peon in the scale of pay of
Rs.2550 – 55 – 2660 – 3200 along with other allowances and he
was appointed on regular basis in Group D by order dated
17.3.2001 in the scale of pay of Rs.2,840/-, protecting the pay
he was receiving at that time. When action was taken to revise
the payment to Rs.2,550/- contending that he will get only the
minimum of the pay scale when his services were regularised,
he approached the Central Administrative Tribunal. Tribunal
after analysing various cases held that the respondent had very
long service and his protection of pay was correctly done at the
W.P.(C).27137/2005 2
time when he was granted regular employment. When he
was absorbed in Group D post as Peon there is nothing wrong
in protecting the pay that he was drawing. We see no ground
to interfere in the order of the Tribunal as there is no patent
illegality and perverse findings so as to attract Article 227 of
the Constitution of India. Hence this writ petition is dismissed.
J.B.KOSHY, JUDGE
T.R.RAMACHANDRAN NAIR, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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O.P.NO. OF 2006 ()
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J U D G M E N T
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1th January, 2007