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T.K.BHASKARAN, RESIDING AT 'ANASWARA' versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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T.K.BHASKARAN, RESIDING AT 'ANASWARA' v. STATE OF KERALA, REPRESENTED BY THE - OP No. 28003 of 2002(H) [2007] RD-KL 13446 (18 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 28003 of 2002(H)

1. T.K.BHASKARAN, RESIDING AT 'ANASWARA',
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

For Petitioner :SRI.P.G.PARAMESWARA PANICKER

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :18/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

W.P(C).No.28003 OF 2002

Dated this the 18th day of July, 2007



JUDGMENT

The petitioner had several spells of provisional service as an HSA within the period from 13.1.1970 to 18.10.1973. He joined as a regular hand on 19.7.1974. As stated in para 4 of the counter affidavit, the scale of pay of Rs.140-270 of the HSAs was revised to the scale of pay of Rs.285-540 by 1.7.1973. This means that though the service prior to 1.7.1973 is in a different time scale, the scale of pay in which the petitioner was appointed regularly, i.e., the time scale - Rs.285-540, is nothing but the revised scale of the earlier time scale of Rs.140-270, which was in force prior to 1.7.1973. Therefore, the change in scale of pay was due to pay revisions and hence, the ratio of the decision in Jose Jacob v. State of Kerala [1998(2) KLT 873] applies to the facts of this case in favour of the petitioner. Thus, the provisional services in the different spells, as detailed in para 2 of the counter affidavit, are entitled to be OP.28003/02 Page numbers reckoned for the purpose of determining the total length of service of the petitioner in terms of Rule 33 in Part I K.S.R. It is so declared and the writ petition is allowed with the consequential direction that all monetary benefits on account of the aforesaid declaration shall be made available to the petitioner. Any arrears on that account shall be released to him within an outer limit of four months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.28003/02 Page numbers
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.28003 OF 2002

JUDGMENT

18TH JULY, 2007.
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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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