Allowed

C.I. Antony v. Md, Khrws

Kerala HC22 Mar 2016WP(C)/1480/2006

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court held that despite a later circular restricting provisional service consideration for increments, the petitioner was entitled to have provisional service reckoned for time-bound higher grades prior to 1.4.1981. The court directed the respondent to revise the petitioner's grades and disburse arrears.

What did the court decide?

Directing the respondent to revise the petitioner's time bound higher grades reckoning provisional service and disburse arrears within two months.

C.I. Antony Vs Md, Khrws — Pension and Retirement Benefits | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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MONDAY, THE 22ND DAY OF MARCH 2016/1ST CHAITHRA, 1938

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WP(C).No. 1480 of 2006 (A)

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PETITIONER:

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C.I. ANTONY,

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PAY WARD KEEPER GR.II., K.H.R.W. SOCIETY MEDICAL COLLEGE HOSPITAL, KOTTAYAM.

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BY ADVS.SRI.M.V.BOSE

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SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENT:

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THE MANAGING DIRECTOR, K.H.R.W.S., GENERAL HOSPITAL CAMPUS, RED CROSS ROAD TRIVANDRUM.

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BY ADVS. SRI.ASOK M.CHERIAN, SC, KHRWS

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SRI.M.AJAY, SC, KHRWS

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SRI.BABU JOSEPH KURUVATHAZHA, SC, KHRWS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1480 of 2006 (A)

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APPENDIX

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PETITIONER'S EXHIBITS :-

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EXT.P1	-	COPY OF ORDER NO.E.46/73/KHRWS DATED 27.10.1975 OF THE RESPONDENT.
EXT.P2	-	COPY OF THE PROCEEDINGS NO.PWK.1/1973 DATED 14.11.1975 OF THE RESPONDENT.
EXT.P3	-	COPY OF THE BILL FOR NOVEMBER 1975 OF KHRWS.
EXT.P4	-	COPY OF THE PROCEEDINGS OF THE RESPONDENT-ORDER NO.E1-461/02/KHRWS DATED 21.05.2004.
EXT.P5	-	COPY OF THE REPRESENTATION DATED 20.11.2004 FROM THE PETITIONER TO THE RESPONDENT.
EXT.P6	-	COPY OF THE RECOMMENDATION DATED 22.03.2005 FROM THE REGIONAL ENGINEER, KHRWS, MCH, KOTTAYAM TO THE RESPONDENT.
EXT.P7	-	COPY OF THE LATEST REPRESENTATION DATED 08.11.2005 FROM THE PETITIONER TO RESPONDENT.

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

S. Siri Jagan, J.

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W.P(C) No. 1480 of 2006

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Dated this, the 16^th day of March, 2012.

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J U D G M E N T

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The petitioner entered regular service of the KHRWS on 1.4.1981 after putting in provisional service from 10.11.1975. The petitioner's grievance is that for the purpose of grant of time bound higher grade, provisional service has not been considered. The petitioner wants the provisional service to be considered for the purpose of grant of higher grades including the 3^rd higher grade for 23 years from 10.11.1998. The petitioner seeks the following reliefs:

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“i. To call for the entire records leading upto Exts. P5 and P6;

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ii. to issue a writ of mandamus compelling the respondents to grant the 3^rd time bound higher grade to the petitioner in the scale of pay of Rs. 5500-9075 with effect from 10.11.1998 reckoning his entire service with all attendant benefits.

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iii. to direct the respondents to review the 2^nd and 3^rd higher grade granted to the petitioner reckoning his entire service commencing from 10.11.1975.”

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The petitioner's contention is that by G.O(P)1041/79/(142)/Fin. dated 27.11.1979 and G.O(P)281/89/(256)/Fin. dated 6.6.1999, the provisional service for time bound higher grades would be reckoned till 1.10.1994, although as per Circular No. 3/95/(35)/ Fin dated 1.3.1995, that benefit had been taken away in respect of provisional service for periods subsequent to 31.9.1994. Therefore, according to the petitioner, the petitioner is entitled to have his provisional service prior to 1.4.1981 also counted for

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W.P(C) No. 1480 of 2006 -: 2 :-

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the purpose of grant of higher grades.

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I have heard the learned counsel for the respondent also, who opposes the same.

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I have considered the rival contentions in detail.

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It is clear from Circular No. 3/95/(35)/Fin dated 1.3.1995 that up to 29.2.1995, provisional service for periods prior to 1.10.1994 was eligible to be reckoned for the purpose of grant of higher grade notwithstanding the fact that it is not reckoned for increments owing to the change of scale of pay due to pay revision. In the above circumstances, I am satisfied that the petitioner is entitled to have his provisional service for the period prior to 1.4.1981 reckoned for the purpose of higher grade.

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Accordingly, the writ petition is disposed of with a direction to the respondent to revise the petitioner's time bound higher grades reckoning the petitioner's provisional service also for that purpose. Orders in this regard shall be issued and arrears disbursed to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

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Sd/- S. Siri Jagan, Judge.

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Tds/

C.I. Antony v. Md, Khrws

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C.I. Antony v. Md, Khrws

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