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T.M.VARGHESE versus STATE OF KERALA REPRESENTED BY THE

High Court of Kerala

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T.M.VARGHESE v. STATE OF KERALA REPRESENTED BY THE - WP(C) No. 3308 of 2004(R) [2007] RD-KL 4288 (26 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3308 of 2004(R)

1. T.M.VARGHESE,
... Petitioner

Vs

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

2. THE EXECUTIVE ENGINEER,

3. THE ASSISTANT EXECUTIVE ENGINEER,

4. THE ASSISTANT ENGINEER,

For Petitioner :SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :26/02/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.3308 of 2004 Dated 26th February, 2007.

J U D G M E N T

The writ petition is filed mainly with the following prayers :-

(i) "Issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the petitioner is entitled for the post of Driver under the respondents; (ii) Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P4 order and quash the same. (iii) Issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to disburse the salary of the petitioner in the post of Driver during the period discharging his duties." As per Ext.P1, the Executive Engineer has made it clear that despite his work as driver, he will be entitled to get salary only as Worker Grade II. In Ext.P4, it has been found that even the engagement as driver temporarily is against rules since the petitioner is not qualified to be appointed under the rules and since the method of appointment to the post of driver is not by way of transfer from SLR category. Therefore, there is no merit in the writ petition. It is dismissed.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 26th February, 2007.


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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