Allowed

K.v.Suma v. State of Kerala

Kerala HC9 Jun 2010WP(C)/5314/2010

Case brief

AI extract

What is this about?

The High Court of Kerala held that an order cancelling a second time-bound higher grade granted to petitioners was liable to be set aside. Relying on a connected judgment, the court directed that petitioners be continued to receive the time-bound higher grade applicable to Assistant Engineers in the PWD.

What did the court decide?

The impugned order of cancellation of the time bound higher grade is set aside; petitioners to be continued to be paid the higher grade.

K.v.Suma Vs State of Kerala — 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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WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932

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WP(C).No. 5314 of 2010(L) -------------------------

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PETITIONER(S):

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

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1. K.V.SUMA, 2ND GRADE DRAFTSMAN, NH SUB DIVISION, PWD, PALAKKAD.

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2. S.SOBHANA AMMA, 2ND GRADE DRAFTSMAN, OFFICE OF THE EXECUTIVE ENGINEER,SPECIAL BUILDINGS DIVISION, THIRUVANANTHAPURAM.

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3. S.GIRIJA, IST GRADE DRAFTSMAN, PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM.

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4. R.JENET, 1ST GRADE DRAFTSMAN, OFFICE OF THE EXECUTIVE ENGINEER, SPECIAL BUILDINGS DIVISION, THIRUVANANTHAPURAM.

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5. T.K.ISHA,2ND GRADE DRAFTSMAN,PWD SPECIAL BUILDING SUB DIVISION, GANDHINAGAR,KOTTAYAM.

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6. LALI POTHEN, 2ND GRADE DRAFTSMAN, PWD BUILDING SUB DIVISION, GANDHI NAGAR, KOTTAYAM.

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

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RESPONDENT(S):

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

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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 ENGINNER,P.W.D(ADMINISTRATION) THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SRI.ANTONY MUKATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.5314/10

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT.P1: TRUE COPY OF the ORDER ISSUED BY THE 3RD RESPODNENT AS EB4(a)/3922/07 DT 22/11/2007 IN RESPECT OF THE 1ST PETITIONER.

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EXT.P2: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPODNENT AS EB4(a)/8825/09 DT 30/3/2009 IN RESPECT OF THE 2ND PETITIONER.

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EXT.P3: TRUE COPY OF THE FIXATION ORDER ISSUED BY THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM DT 29.9.07 IN RESPECT OF THE 3RD PETITIONER.

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EXT.P4: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT AS EB4(a)/8095/06 DT 10.8.07 IN RESPECT OF THE 4TH PETITIONER.

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EXT.P5: TRUE COPY OF THE ORDER ISSUED by the 3RD RESPODNENT AS EB4(a):/14589/06 DT 10.10.2007 IN RSPECT OF THE 5TH PETITIONER.

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EXT.P6: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPODNENT AS EB4(a)/14592/07 DT 29.9.2007 IN RESPECT OF THE 6TH PETITIONER.

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EXT.P7: TRUE COPY OF THE RELEVANT PAGES (PAGES 1 & 188) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006 IN ITEM NO.66.

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EXT.P8: 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.P9: TRUE COPY OF THE JUDGMENT DT.15.6.09 IN WPC NO.23518/2008.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 5314 OF 2010 (L)

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

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Dated this the 9^th day of June, 2010

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J U D G M E N T

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The issue raised in this writ petition concerns cancellation of second time bound higher grade granted to the petitioners in the scale of pay as applicable to Assistant Engineer.

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This Court by judgment in WP(C) No.17339/09 and connected cases upheld the claim of the petitioners. The petitioners being similarly situated, the impugned order of cancellation of time bound higher grade given to the petitioners is liable to be set aside and I do so. It is directed that the petitioners shall be continued to be paid time bound higher grade as applicable to Assistant Engineer, PWD.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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K.v.Suma v. State of Kerala

Case brief

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K.v.Suma v. State of Kerala

Case brief

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