Allowed

N2T.UNNITHAN v. 2HE Union of India & Others

Kerala HC3 Dec 2011WP(C)/30177/2004

Case brief

AI extract

What is this about?

This judgment allowed a writ petition challenging the denial of pay fixation under the Assured Career Progression Scheme. The single judge quashed the relevant order and directed the respondents to grant the correct pay scale and consequential benefits within three months, relying on a prior Division Bench decision.

What did the court decide?

To set aside Ext. P10 and direct respondents to grant the correct pay scale and consequential benefits within three months.

N2T.UNNITHAN Vs 2HE Union of India & Others — Pension and Retirement Benefits | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE B.P.RAY

¶4

SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 30177 of 2004(P)

PETITIONER:

K.T.UNNITHAN, AGED 61 YEARS, S/O.K.KRISHNAN UNNITHAN,DRIVER (RTD.ON 31-05-2003) EXPORT INSPECTION AGENCY, COCHIN, RESIDING AT 15/27-C, CHEMMEENS JUNCTION, KARUVELIPPADY, COCHIN-5.

¶9

BY ADV. SRI.P.V.MOHANAN

¶10

RESPONDENTS:

¶11

¶12

THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA, 3RD FLOOR NDYMCA, CULTURAL CENTRAL BUILDING,1 JAI SINGH ROAD NEW DELHI.

¶13

THE DIRECTOR, EXPORT INSPECTION COUNCIL OF INDIA (MINISTRY OF COMMERCE AND INDUSTRY), GOVERNMENT OF INDIA, 3RD FLOOR, NDYMCA, CULTURAL CENTRAL BUILDING, 1 JAI SINGH ROAD, NEW DELHI.

¶14

THE DEPUTY DIRECTOR, EXPORT INSPECTION AGENCY, COCHIN (MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA), `MANOHAR', M.G.ROAD, COCHIN-11.

¶15

ADV. SRI.T.P.SAJID, CGC

¶16

SRI.ABRAHAM THOMAS, CGC SRI.P.PARAMESWARAN NAIR,ASG

¶17

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

W.P.(C) NO. 30177/2004

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:

¶21

EXT.P1 : TRUE COPY OF ORDER NO.EIA(ADM/1(1)/76 DATED 17.07.1976.

¶22

EXT.P2 : TRUE COPY OF PROCEEDINGS NO.EIA/CN/ADMN/11(203) 97/760, DATED 01.05.1997.

¶23

EXT.P3 : TRUE COPY OF OFFICE MEMORANDUM DATED 01.06.1998.

¶24

EXT.P4 : TRUE COPY OF OFFICE MEMORANDUM NO.350/3471/97-ESTT (D) DATED 09.08.1999.

¶25

EXT.P5 : TRUE COPY OF ORDER NO.EIA/CN/ADMN/11(203) 2002-2003 DATED 01.03.2003.

¶26

EXT.P6 : TRUE COPY OF PROCEEDINGS DATED 22.04.2003.

¶27

EXT.P7 : TRUE COPY OF PROCEEDINGS NO.EIA/CN/ADMN/11(ACP) 2003-2004/1237, DATED 01.05.2003.

¶28

EXT.P8 : TRUE COPY OF REPRESENTATION DATED 04.07.2003. EXT.P9 : TRUE COPY OF REPRESENTATION DATED 16.04.2004.

¶29

EXT.P10 : TRUE COPY OF PROCEEDINGS NO.EIA/CN/ADMN/11(ACP) 2004-05/1320 DATED 13.05.2004.

¶30

EXT.P11 : TRUE COPY OF OFFICE MEMORANDUM DATED 15.02.2001. EXT.P12 : TRUE COPY OF PROCEEDINGG.

¶31

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 30177 of 2004

¶36

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

¶37

Dated this the 3^rd day of December, 2011.

¶38

JUDGMENT

¶39

The petitioner has filed this writ petition with the following

¶40

prayers:

¶41

(1)To call for the records leading to Ext.P10 and set aside the same.

¶42

(2)To direct the respondents to sanction the scale of pay of the petitioner in the scale of Rs.4500/--7000/- as second financial up gradation (on completion of 24 years of service) with effect from 09.08.1999 and based on which to re-fix and disburse the pensionary benefits with effect from 01.06.2003 with interest at the rate of 18% from 01.06.2003 till the date of payment.

¶43

(3)To declare that the petitioner is entitled to have his pay fixed in category of staff car driver grade- I, Rs.4500-7000/- with effect from 09.08.1999 and disburse arrears of pay with interest at the rate of 12% from 09.08.1999 till the date of payment.

¶44

The main grievance voiced by the petitioner is that he was denied fixation of pay under the Assured Career Progression Scheme. Instead of granting the scale of pay of 4500-7000/- on completion of 24 years service with effect from 09.08.1999, he was granted the scale of pay of 3200-4900/-. The learned counsel for the petitioner submits that the issue involved in this case is covered by the judgment rendered by a

¶45

W.P.(C) No. 30177/2004

¶46

-:2:-

¶47

Division Bench of this Court in Deputy Director and others v. K. Sivaraman PIllai (W.A. No. 289 of 2006). Following the aforesaid decision, I quash Ext.P10 and direct that all consequential benefits shall be given to the petitioner within three months from today in terms of the aforesaid judgment.

¶48

This writ petition is allowed as above.

¶49

sd/- B.P. RAY, JUDGE.

¶50

¶51

W.P.(C) No. 30177/2004

¶52

-:3:-

¶53

B.P. RAY, J.

¶54

O.P.No. 13887 of 2002

¶55

Dated this the 16^th day of November, 2011.

¶56

JUDGMENT

N2T.UNNITHAN v. 2HE Union of India & Others

Case brief

What is this about?

What did the court decide?

N2T.UNNITHAN v. 2HE Union of India & Others

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

Sobha Industrial Training Centre Vs State of Kerala

Shajid Vs State of Kerala

M.C.Aysha Vs State of Kerala

Geetha Prasad Vs State of Kerala

Valsa Peter Vs State of Kerala

Teresa.v.R. Vs the Ernakulam Dist. Co.Bank