IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 682 of 2007(J)
1. THE DIRECTOR OF MUNICIPAL AFFAIRS,
... Petitioner
Vs
1. M.VIJAYAN NAMBIAR,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.RAJASEKHARAN NAIR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/08/2007
O R D E R
ANTONY DOMINIC, J.
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R.P. No. 682 of 2007 &
C.O.C. No. 851 OF 2007
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Dated this the 23rd August, 2007
O R D E R
W.P.(C) No. 13540 of 2006 was disposed of by
judgment dated 29-8-2006 directing that the monetary
benefits due to the petitioner under Exts. P4 and P5
shall be worked out and disbursed as early as
possible. The writ petitioner has filed Contempt of
Court Case as C.O.C. No. 851 of 2007 complaining that
the judgment has not been implemented.
2. Meanwhile respondents in the writ petition have
filed R.P. No. 682/07 seeking review of the judgment.
The ground on which review of the judgment is sought is
mainly relying on Annexures C and D orders produced
along with the Review Petition. It is seen from
Annexure C order dated 16-12-1972 that the entire
service of the panchayat employees who were absorbed in
the Municipal Common Service consequent on the
conversion of Panchayats into Municipalities will be
reckoned for purpose of fixation of their rank and
RP No.682 OF 2007 & COC No. 851/07 2
seniority in the equated categories in the Municipal
Common Service. Subsequently, by Annexure D order
dated 24-11-1998 the Government have clarified the term
‘equated category’ by stating that it will be construed
as the post having the same scale of pay or in the
absence of a post having the same scale of pay in the
Municipal Common Service, the next lower scale of pay.
3. The Govt. Pleader would submit that it was
without taking note of this aspect that the Government
passed Exts. P4 and P5 order which were ordered to be
implemented by the learned Single Judge. It is pointed
out that the post of Junior Health Inspector Grade I is
the post which falls under the equated category in
terms of Annexure C and D orders. It is pointed out
that steps have been taken and notices have been issued
to correct such erroneous orders issued in the past and
Annexure A issued to the petitioner in the writ
petition and Annexure B issued to yet another person
are referred to in this context. It is noticed that on
absorption into the Municipal Common Service initially
the petitioner was absorbed in the post of Junior
Health Inspector Grade I. Now that reference has been
made to Annexures C and D, fixation initially given is
RP No.682 OF 2007 & COC No. 851/07 3
correct and therefore the equation granted to the post
of Health Inspector Grade II with effect from 1-1-1973
by Exts. P4 and P5 is incorrect. If that be so, the
judgment to that extent need to be reviewed.
4. In view of this, the judgment of the learned
Single Judge will stand reviewed and it is directed
that the petitioner will be absorbed in the equated
category of Junior Health Inspector Grade I with effect
from his date of absorption in the Municipal Common
Service and his seniority and rank will be fixed
reckoning his entire Panchayat service. Arrears, if
any, that are due to him in terms of the Government
Orders will be paid as expeditiously as possible, at
any rate within a period of 3 months from the date of
receipt of a copy of this order.
5. In view of the order now passed in the Review
Petition, I close the Contempt of Court Case also.
Review Petition and the Contempt of Court Case
will stand disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-