Allowed

N.Ramesan Nair v. State of Kerala

Kerala HC21 Jan 2008WP(C)/2617/2007

Case brief

AI extract

What is this about?

The petitioner sought to count his prior NMR service for a time bound higher grade appointment. The court held the prior service eligible under the Government Order, set aside the undefined rejection, and directed fresh orders within three months.

What did the court decide?

Petitioner's claim for counting prior service for time bound higher grade allowed; cryptic order set aside; fresh orders to be passed within three months.

N.Ramesan Nair Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929

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WP(C).No. 2617 of 2007(J)

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--------------------------------------

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PETITIONER:

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--------------------

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N. RAMESAN NAIR, COMPRESSOR DRIVER (HIGHER GRADE), GROUND WATER DEPARTMENT, ALAPPUZHA.

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BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR

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RESPONDENTS:

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-----------------------1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES (GROUND WATER) DEPARTMENT, GOVT.OF KERALA, THIRUVANANTHAPURAM.

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2. DISTRICT OFFICER, GROUND WATER DEPARTMENT, ALAPPUZHA.

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3. ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, ALLEPPEY.

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BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.2617/2007 J

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF GOVT.ORDER G.O.(P) 17/99/IrD. DTD. 18/03/1999 ISSUED BY THE GOVT.

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EXT.P2: COPY OF LETTER DTD. 6/06/2006 BY DISTRICT OFFICER, KERALA GROUND WATER DEPT.-G.W.U.A./423/2006.

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EXT.P2(A): COPY OF LETTER NO.17967/GW1/04/WRD. DTD. 4/05/06 BY GOVT. TO DIRECTOR, GROUND WATER DEPT.

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EXT.P3: COPY OF REPRESENTATION BY PETITIONER DTD. 1/08/2006. EXT.P4: COPY OF LETTER NO.20756/G.W.1/06 DTD. 4/10/06 TO THE PETITIONER BY GOVT.

/TRUE COPY/

P.S.TO JUDGE

Kss

V.GIRI, J.

W.P.(C).No.2617 of 2007 J

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Dated this the 21^st day of January, 2008.

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JUDGMENT

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The petitioner entered service as N.M.R. Worker in the Public Health Section in the office of the Assistant Executive Engineer, Public Health Sub Division, Alappuzha on 1.4.1975. He was later appointed as N.M.R. Operator with effect from 6.10.1996. According to him, N.M.R service is pensionable service and is to be counted for time bound higher grade as well as for regular increments.

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While so, the petitioner was appointed as

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Pump Operator in the Ground Water Department on advice by the Public Service Commission with effect from 7.1.1982. His probation in the post of Pump Operator was declared and he was appointed in the post of Compressor-Driver. Second Time bound higher grade was granted with effect from 1.11.2000, which means, his earlier service as NMR worker and NMR Operator was not taken into account. The petitioner refers to Ext.P1 Government Order, which refers to G.O.(P)No.6/91/PW

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W.P.(C).NO.2617/07

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:: 2 ::

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&T dated 31.1.1991 by which NMR service prior to the regular service is eligible to be taken into account for granting Time bound higher grade to regularised NMR workers. In fact, this benefit seems to have been available for regularised CLR/SLR as per Ext.P1 Government Order. Petitioner's claim in this regard stood rejected under Ext.P2(b). The same benefit sought for by the petitioner as per Ext.P3 was turned down by Ext.P4. Hence this writ petition.

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I heard learned counsel Mr.B.Gopakumar and learned senior Government Pleader Mr.Nandakumar.

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A perusal of Ext.P1 Government Order would show that the Government had accepted prior NMR service for Time bound higher grade. If that be so, there is no reason why the petitioner's claim should not have been considered accordingly. Ext.P4 is a cryptic order. It does not reveal the reasons for rejection of the petitioner's application.

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W.P.(C).NO.2617/07

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In the result, the writ petition is allowed. Ext.P4 is set aside and the 1^st respondent is directed to pass fresh orders on the petitioner's claim for counting his NMR service rendered prior to his absorption in service with effect from 7.1.1982, for the purpose of Time bound higher grade and consequential orders shall be passed within three months from the date of receipt of a copy of this judgment.

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Sd/- (V.GIRI) JUDGE

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sk/

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//true copy//

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P.S. To Judge

N.Ramesan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

N.Ramesan Nair v. State of Kerala

Case brief

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