This writ petition challenged the fixation of the petitioner's pay scale. The court held that any erroneous grant of a higher initial scale was rectified by subsequent government orders and dismissed the petitioner's claim for the higher pay scale.
The writ petition is dismissed, rejecting the claim for fixation in the higher pay scale.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932
WP(C).No. 3377 of 2008(B) -------------------------------------
PETITIONER:
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S.SARATH KUMAR, S/O.P.R.SOMAN PILLAI, AGED 41 YEARS, AUDIO VISUAL TECHNICIAN, STATE INSTITUTE OF RURAL DEVELOPMENT, KOTTARAKKARA.
BY ADVS. SRI.M.RAMA SWAMY, SRI.P.M.JOSEPH.
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3. THE DIRECTOR, STATE INSTITUTE OF RURAL DEVELOPMENT, KOTTARAKKARA.
R1 & R2 BY SR. GOVERNMENT PLEADER SRI. P. NANDAKUMAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.3377/2008-B:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD 10/04/1990.
EXT.P.2: COPY OF THE ORDER DTD. 22/08/1995 ISSUED BY THE R.1.
EXT.P.3: COPY OF THE STATEMENT OF REVISED PAY SCALE ISSUED BY THE R.1.
EXT.P.4: COPY OF THE LETTER DTD. 16/06/2001 ISSUED BY THE R.3.
EXT.P.5: COPY OF THE G.O.(P).NO.145/2006/FIN. D(C) DTD. 25/03/2006.
EXT.P.6: COPY OF THE REPRESENTATION DTD. 26/07/2007 TO THE R.3.
EXT.P.7: COPY OF THE LETTER DTD. 17/10/2007 TO THE GOVERNMENT.
EXT.P.8: COPY OF THE G.O.(RT).1788/07 LSGD DTD. 29/06/2007 ISSUED BY THE GOVERNMENT.
EXT.P.9: COPY OF THE LETTER NO. 222/D/1990/SIRD DTD. 29/11/2007 BY THE R.3.
EXT.P.10: COPY OF THE JUDGMENT DTD. 18/12/2007 IN W.P.(C).NO.37485/2007.
EXT.P.11: COPY OF THE REPLY DTD. 11/12/2007 ISSUED BY THE GOVERNMENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
ANTONY DOMINIC, J.
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W.P.(C) NO.3377 OF 2008(B)
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Dated this the 5th day of July, 2010
J U D G M E N T
Petitioner is an Audio Visual Tehnician cum Roneo Operator under the 3rd respondent. According to the petitioner, he was getting pay in the scale of 4500-7000. It is stated that though he is entitled the scale of pay of Rs.7480-11910, by Ext.P5 he was extended revision only in the scale of 4510-7480. According to the petitioner, he represented for fixation in the scale of 748011910. That claim was considered and rejected by Ext.P11. It is thereupon that the writ petition is filed.
WPC.No. 3377/08
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in the scale of 4000-6090. His pay was again refixed with effect from 11.4.2000 and fixed in the scale of 4500-7000. It is also stated that second time bound higher grade was given to the petitioner in the scale of 4600-8000 and that his pay was fixed at Rs.5625 on 11.4.2000.
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WPC.No. 3377/08
25.3.2006. It is stated that the petitioner erroneously got the higher initial scale only for the reason that he was given the benefit of GO(MS).No.13/1991/LSG(RD) dated 28.8.1991, which was not applicable to him.
error initially committed by respondents was rectified. Consequently therefore there is no substance in the claim of the petitioner that he should have been given fixation in the scale 7480-11910.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No. 3377/08
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1 issue framed by the court
Whether the petitioner is entitled to fixation in the pay scale of Rs.7480-11910 given his mistaken initial fixation at a higher scale.
S.SARATH KUMAR
STATE OF KERALA
THE DIRECTOR, STATE INSTITUTE OF RURAL DEVELOPMENT
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
