Union Of India vs M.Raveendran Nair on 27 March, 2007

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Kerala High Court
Union Of India vs M.Raveendran Nair on 27 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10527 of 2007(S)


1. UNION OF INDIA, REPRESENTED BY THE
                      ...  Petitioner
2. THE DEPUTY SECRETARY(PV),
3. THE PASSPORT OFFICER,

                        Vs



1. M.RAVEENDRAN NAIR, S/O.LATE
                       ...       Respondent

                For Petitioner  :SRI.JOHN VARGHESE, ASSISTANT SG

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :27/03/2007

 O R D E R
                   J.B. Koshy & T.R. Ramachandran Nair, JJ.

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                              W.P.(C).NO.10527 of 2007-S

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                      Dated this  the  27th day of  March, 2007


                                         JUDGMENT

T.R. Ramachandran Nair, J.

The petitioners are challenging Ext.P2 order of the Central

Administrative Tribunal, Ernakulam Bench whereby the Tribunal held that

the applicant before the Tribunal is entitled to get his pay fixed on his

regular appointment in the scale of pay of Rs.2550-3200 after counting

increments earned by him during his service as temporary status casual

labourer. A consequent direction was issued to refix his pay after taking

into account the increments drawn by him as temporary status casual

labourer and grant him the consequential benefits within a time frame.

2. The respondent herein who is an Ex-serviceman joined the Passport

Office, Kozhikode on daily wages and was granted temporary status in the

year 1993. While he was working as a temporary status casual labourer, he

had been drawing salary in the pay scale of Rs.2550-3200 in the stage of

Rs.3020/- after getting 8 increments. As per Annexure A2, he was

appointed as a regular Group D Watchman. But his pay was fixed only at

Rs.2550/- in the minimum of the pay scale of Rs.2550-3200. All the

wpc 10527/2007 -2-

representations submitted by him to restore the position have been rejected.

3. The Tribunal relied upon the earlier orders in O.A. No.606/2001

filed by another employee of the Kozhikode Passport Office which followed

the order of the Hyderabad Bench of the Tribunal in O.A. No.1051/1998.

The order passed in O.A. No.606/2001 has been upheld by this court by

judgment dated 15.2.2002 in O.P.No.4400/2002. The Tribunal also relied

upon the judgment of this court in O.P.No.13244/2001 which was against

the order of the Tribunal in O.A. No.1373/1999.

4. The increments drawn by the respondent as temporary status

casual labourer is liable to be reckoned for fixing his pay on regularisation,

as the said career cannot be effaced. In spite of the fact that the said legal

position has been reiterated in various decisions, the petitioners have chosen

to reduce the pay of the respondent when he was regularised as a Group D.

This action is clearly arbitrary. We see no reason to interfere with the order

of the Tribunal. At any rate, the view taken by the Tribunal only follows the

views taken in earlier orders as affirmed by this court in various judgments

and hence is not perverse warranting any interference in a writ petition

wpc 10527/2007 -3-

under Article 227 of the Constitution of India.

Therefore, the writ petition fails. It is accordingly dismissed.

(J.B. Koshy, Judge.)

(T.R. Ramachandran Nair, Judge.)

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