Allowed

Anilkumar P.R. v. State of Kerala

Kerala HC23 Sept 2009WP(C)/20723/2009

Case brief

AI extract

What is this about?

The Court quashed a revisional order rejecting a claim for an advance increment upon promotion. Relying on a prior judgment, the petitioner was directed to receive the increment, and the relevant authority was ordered to pass consequential orders within four weeks.

What did the court decide?

Ext.P6 quashed; petitioner granted advance increment on promotion to Peon; respondent to pass consequential orders within 4 weeks.

Anilkumar P.R. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

¶4

WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931

¶5

WP(C).No. 20723 of 2009(I)

¶6

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

¶7

PETITIONER(S): ---------------------

¶8

ANILKUMAR. P.R., S/O.RAMAN NAIR, PRACKEL PUTHENPURA, ELENGAVAM, VARAPETTY P.O., KOTHAMANGALAM. (PEON, NSS HIGHER SECONDARY SCHOOL, VARAPETTY, KOTHAMANGALAM).

¶9

BY ADV. MR.S.SUBHASH CHAND

¶10

RESPONDENT(S):

¶11

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

¶12

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶13

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

¶14

3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM.

¶15

R1 TO R3 BY GOVERNMENT PLEADER SMT.SREELATHA.

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C) NO. 20723/2009-I

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:

¶20

EXT.P1: COPY OF THE APPROVED APPOINTMENT ORDER DATED 28/06/1994 APPROVED BY RESPONDENT NO.3.

¶21

EXT.P2: COPY OF THE ORDER DATED 18/01/2000 APPROVED BY RESPONDENT NO.3. EXT.P3: COPY OF THE ORDER DATED 11/03/2002 PASSED BY RESPONDENT NO.3.

¶22

EXT.P4: COPY OF THE ORDER DATED 29/10/2002 PASSED BY RESPONDENT NO.2.

¶23

EXT.P5: COPY OF THE JUDGMENT DATED 27/01/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 1317/2009(F).

¶24

EXT.P6: COPY OF THE REVISIONAL ORDER DATED 17/06/2009 PASSED BY RESPONDENT NO.1.

¶25

EXT.P7: COPY OF THE JUDGMENT DATED 06/06/2006 IN WP(C) NO. NO.4487/2005. EXT.P7(a): COPY OF THE JUDGMENT DATED 29/02/2008 IN W.A. NO. 2197/2007.

¶26

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

rs.

ANTONY DOMINIC,J.

¶31

W.P.(C).No.20723 OF 2009

¶32

Dated this the 23^rd day of September, 2009.

¶33

JUDGMENT

¶34

The claim in the writ petition is for granting one advance increment to the petitioner, who was a full time menial, on his getting promotion as Peon. This claim of the petitioner was considered and was rejected by Ext.P6. It is challenging the said order the writ petition is filed.

¶35

In view of the judgment in P. Sasikumar V. Stated of Kerala & Ors.(2008(4) KLT 35), where identical claim has been upheld, the petitioner is entitled to succeed. Accordingly, quashing Ext.P6 and upholding the petitioner's claim for advance increment on his promotion as Peon, I direct the 3^rd respondent to pass orders consequential thereto, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment.

¶36

Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3^rd respondent for compliance.

¶37

(ANTONY DOMINIC) JUDGE

¶38

vi/

Anilkumar P.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar P.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Krishnan Kutty Nair Vs State of Kerala and Others

The Manager, Sn Up School,Pothinkandam Vs State of Kerala

B. Bhuvanendran Nair Vs Registrar of Co-Op. Societies

V.v.Ratheesan Vs State of Kerala and Others

T.Benjamin Vs State of Kerala and Others

Ancy Anna Philip Vs the State of Kerala