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K.REGHU, S/O.KESAVAN, AGED 54 YEARS v. THE KERALA STATE ROAD TRANSPORT - WP(C) No. 25693 of 2004(H)  RD-KL 12977 (13 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 25693 of 2004(H)
1. K.REGHU, S/O.KESAVAN, AGED 54 YEARS,
1. THE KERALA STATE ROAD TRANSPORT
For Petitioner :SRI.N.UNNIKRISHNAN
For Respondent :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.W.P(C).No.25693 OF 2004
Dated this the 13th day of July, 2007
The petitioner seeks to quash Ext.P5, whereby, he has been refused pay and allowances of driver for the period he worked in another cadre as O.D. Peon, without any category change, from 12.7.1988 to 10.5.1991, following a surgery that he had to undergo. As a matter of fact, his request of category change was turned down. The entitlement of the petitioner to draw salary in the scale applicable to the post to which he had a lien, i.e., the post of a driver, is squarely covered in his favour by Ext.P2 judgment in O.P.No.14522/97 dated 6.2.2002 and by the judgment dated 21.10.2005 in W.P(C).10088/04. Under such circumstances, the petitioner is entitled to the relief sought for in this writ petition. In the result, the writ petition is allowed quashing Ext.P5 and declaring that he is entitled to restoration of his pay as driver grade -I during the period from 12.7.1988 to 10.5.1991. WPC.25693/04 Page numbers The petitioner will be entitled to all consequential benefits on account of the above. However, the prayer for interest is declined. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.
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