Allowed

Jaleshkumar L.K. v. State of Kerala and Others

Kerala HC15 Jul 2010WP(C)/5087/2010

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging the cancellation of a time-bound higher grade and subsequent pay fixation. The court relied on a prior judgment disposing of an identical issue and quashed the impugned order.

What did the court decide?

Ext.P2 quashed; petitioner granted time-bound higher grade in Assistant Engineer scale with consequential benefits.

Jaleshkumar L.K. Vs State of Kerala and Others — Pension and Retirement Benefits | Kerala HC (2010)

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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 ANTONY DOMINIC

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THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932

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WP(C).No. 5087 of 2010(I)

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PETITIONER(S):

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JALESHKUMAR L.K. 2ND GRADE DRAFTSMAN, PWD ROADS DIVISION,PINAVU P.O., IDUKKI.

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BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM)

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3. THE CHIEF ENGINEER,PWD (ADMINISTRATION) THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SRI.ANTONY MUKATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.5087/10

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE ORDER NO.EB4(a) 5620/08 DT 13.5.2008 ISSUED BY THE 3RD RESPONDENT.

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EXT.P2: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT TO THE PETITIOENR NO.EB4(a) 1151/10 DT 18.1.2010.

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EXT.P3: TRUE COPY OF THE RELEVANT PAGES (PAGES 1 AND 188) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006 IN ITEM NO.66.

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EXT.P4: TRUE COPY OF THE RELEVANT PAGES (PAGES 1, 25 AND 26) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006.

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EXT.P5: TRUE COPY OF THE JUDGMENT DATED 15.6.2009 IN WPC NO.23518/2008.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 5087 OF 2010 (I)

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=====================

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Dated this the 15^th day of July, 2010

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J U D G M E N T

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Petitioner is a Second Grade Draftsman in the Public Works Department. This writ petition has been filed challenging the cancellation of the time bound higher grade and the subsequent fixation of pay in the scale as applicable to Assistant Engineers.

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In WP(C) No.29705/09 and connected cases, this Court had occasion to deal with an identical issue, and by judgment dated 25^th of May, 2010, the writ petitions were disposed of setting aside the orders cancelling the time bound higher grade granted to the petitioners.

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The issue is similar and therefore is covered by the said judgment. Therefore, petitioner is entitled to succeed.

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Therefore, the writ petition is disposed of quashing Ext.P2 and directing that the petitioner be given time bound higher grade in the scale of pay as applicable to Assistant Engineer with consequential benefits.

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ANTONY DOMINIC, JUDGE

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Jaleshkumar L.K. v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Jaleshkumar L.K. v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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