Allowed

Prabhakaran v. State of Kerala

Kerala HC28 Nov 2011WP(C)/28140/2004

Case brief

AI extract

What is this about?

The Kerala High Court allowed a writ petition filed by a retired sub-registrar seeking restoration of his pay fixed in earlier orders. Relying on a prior judgment and a Government Order, the court set aside the impugned fixation of pay that denied re-fixation and postponed increments, directing restoration of benefits and arrears.

What did the court decide?

Respondents directed to restore pay per earlier orders, refix pensionary benefits, and disburse arrears within three months.

Prabhakaran Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

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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 B.P.RAY

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MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933

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WP(C).No. 28140 of 2004(Y)

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PETITIONER :

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

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K. PRABHAKARAN, RETD.SUB REGISTRAR, BHAVANA, P.O. PANOOR, KANNUR DISTRICT.

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BY ADV. SMT.P.V.ASHA

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RESPONDENT(S):

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

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. INSPECTOR GENERAL OF REGISTRATION, TRIVANDRUM.

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3. DISTRICT REGISTRAR (GENERAL), KANNUR.

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4. ACCOUNTANT GENERAL (A & E), KERALA, TRIVANDRUM.

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R1TO R4 BY GOVT. PLEADER SRI. SHAIJ RAJ T.K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 28140 of 2004(Y)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : COPY OF G.O. (MS) NO. 404/96/90/FIN DATED 20-5-96. EXT.P2 : COPY OF ORDER NO. E2.3193/99 DATED 19-5-1999. EXT.P3 : COPY OF ORDER NO. E2. 3193/99 DATED 25-6-1999. EXT.P4 : COPY OF ORDER NO. 5094/99 DATED 21-11-2001.

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EXT.P5 : COPY OF THE G.O. (MS) NO. 177/2003/TD DATED 12-11-2003.

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EXT.P6 : COPY OF JUDGMENT DATED 16-7-2004 IN O.P. 3373/2002.

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EXT.P7 : COPY OF THE ORDER NO. E2. 2040/2002 DATED 31-8-2004 ALONG WITH STATEMENT OF FIXATION OF PAY.

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EXT.P8 : COPY OF THE LETTER NO. E2 2040/2002 (2) DATED 31-8-2004.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

B.P.RAY, J.

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W.P.(C)No.28140 OF 2004

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28^th day of November, 2011

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JUDGMENT

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Heard learned counsel for the petitioner and the learned Government

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Pleader.

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Petitioner filed this writ petition with the following prayers:

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(a) declare that fixation of pay done in the case of petitioner as per Ext.P8, to the extent it denies re-fixation and pre-pones the date of increment to 1-6-1996 and fixes the date of next increment as 1-6-1997 is illegal and that petitioner is entitled to get his pay restored as fixed in Ext.P2 and P3 consequent to the Government Order Ext.P5 and judgment Ext.P6.

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(b) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to restore the pay of petitioner as fixed in Ext.P2 and P3 and to re-compute the pensionary benefits of petitioner based on the pay thus fixed and to disburse the arrears due to him accordingly.

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Adv.P.V.Asha, learned counsel appearing for the petitioner, submits that this case is covered by a judgment of this court in O.P.2071/03 dated 7^th April, 2009 wherein it has been held that the petitioners are entitled to pay protection as per G.O.(MS)No.177/2003/TD dated 12-11-2003 and directed restoration of the original fixation of their pay.

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Considering the entire facts and circumstances of the case, I have no hesitation to set aside Ext.P7 order. In the light of Ext.P5 order and judgment in O.P.2071/03, the respondents are directed to restore the pay of petitioner as per Exts.P2 and P3 and to refix the pensionary benefits accordingly and to disburse the arrears within three months from the date of receipt of a copy of this judgment.

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Writ petition is allowed. No cost.

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B.P.RAY, JUDGE

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jes

Prabhakaran v. State of Kerala

Case brief

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Prabhakaran v. State of Kerala

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