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P.J.Thomas Vs. State of Kerala - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

P.J.Thomas

Respondent

State of Kerala

Excerpt:


.....p1 dated 01.11.1991. admittedly, pay fixation orders were passed as per ext. p3, based on the pay revision, brought out by the government by ext. p2 order. the petitioner contends that, there are discrepancies in the pay fixation order and that he is entitled to be fixed at a higher grade. the petitioner has also submitted exts. p4 and p7 representations before the 2nd respondent for issuing necessary directions to make amendments to the fixation of salary in the case of the petitioner. i have heard the learned counsel appearing for the 4th respondent also, who prays that, the 4th respondent may be given a hearing when the matter is considered. in the circumstance of the w.p.(c) no. 22642 of 2011 2 petitioner having confined his prayer for a direction to consider the representation, the 2nd respondent is directed to consider the same within a period of two months from the date of receipt of a copy of this judgment after affording personal opportunity to both the petitioner and the respondent bank. the writ petition is disposed of. the petitioner shall also produce a copy of writ petition before the 2nd respondent. parties shall bear their respective costs. sd/- k. vinod chandran,.....

Judgment:


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE6H DAY OF FEBRUARY201417TH MAGHA, 1935` WP(C).No. 22642 of 2011 (E) ---------------------------- PETITIONER : -------------------------- P.J.THOMAS,S/O.JOSEPH, PROCUREMENT ASSISTANT, PERIKKALLOR KSHEEROLPADAKA, SAHAKARANA SANGHAM W7(D) APCOS, PERIKKALLOOR P.O, SULTHANBATHERY, WAYANAD DISTRICT, RESIDING AT POOVATHUMMOOTTIL HOUSE, PERIKKALLOOR P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADVS.SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (DIARY DEVELOPMENT) DEPARTMENT, SECRETARIAT, THIRUANANTHAPURAM-1 2. THE DEPUTY DIRECTOR, DAIRY DEVELOPEMT DEPARTMENT , KALPATTA P.O., CIVIL STATION, WAYANAD DISTRICT, PIN-673 121 3. THE DIARY DEVELOPMENT OFFICER, SULTHANBATHERY, WAYANAD, PIN-673 592 4. THE PERIKKALLOR KSHEEROLPADAKA SAHAKARANA SANGHAM W7(D) APCOS, PERIKALLOR P.O., SULTHANBATHERY, WAYANAD, REPRESENTED BY ITS SECRETARY, PIN-673 579 5. THE BOARD OF DIRECTORS OF THE PERIKKALLOOR KSHEEROLPADAKA SAHAKARANA SANGHAM W7(D) APCOS, REPRESENTED BY ITS PRESIDENT, PIN-673 579 R1 TO R3 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE R4 & R5 BY ADV. SRI.P.N.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0602-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22642/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER

NO.B-750/2010 DATED2603/2011 ISSUED BY THE2D RESPONDENT P2 COPY OF THE RELEVANT PAGES OF G.O.(P)NO.210/08/AGRI DATED1512/2008 ISSUED BY THE1T RESPONDENT P3 COPY OF THE ORDER

NO.B-788/2011 DATED1605/2011 ISSUED BY THE2D RESPONDENT P4 COPY OF THE REPRESENTATION DATED0106/2011 SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT P5 COPY OF THE COMMUNICATION NO.B-923/2011 DATED1806/2011 ISSUED BY THE2D RESPONDENT P6 COPY OF THE JUDGEMENT DATED2011/2012 IN WP(C)NO.227/2012 OF THIS HON'BLE COURT P7 COPY OF THE REPRESENTATION DATED0108/2013 SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT RESPONDENT'S EXHIBITS: R4(A) COPY OF THE G.O.NO.75/2011 DATED105/2011 OF THE GOVERNMENT R4(B) COPY OF THE BALANCE SHEET. /TRUE COPY/ P.A.TO.JUDGE sts K. VINOD CHANDRAN, J.

===================== W.P.(C) No. 22642 of 2011 ====================== Dated this the 6th day of February, 2014

JUDGMENT

The petitioner was originally appointed as a bill collector / sales man in the 4th respondent Society and later was regularised as a Procurement Assistant by Ext. P1 dated 01.11.1991. Admittedly, pay fixation orders were passed as per Ext. P3, based on the pay revision, brought out by the Government by Ext. P2 order. The petitioner contends that, there are discrepancies in the pay fixation order and that he is entitled to be fixed at a higher grade. The petitioner has also submitted Exts. P4 and P7 representations before the 2nd respondent for issuing necessary directions to make amendments to the fixation of salary in the case of the petitioner. I have heard the learned counsel appearing for the 4th respondent also, who prays that, the 4th respondent may be given a hearing when the matter is considered. In the circumstance of the W.P.(C) No. 22642 of 2011 2 petitioner having confined his prayer for a direction to consider the representation, the 2nd respondent is directed to consider the same within a period of two months from the date of receipt of a copy of this judgment after affording personal opportunity to both the petitioner and the respondent Bank. The Writ Petition is disposed of. The petitioner shall also produce a copy of Writ Petition before the 2nd respondent. Parties shall bear their respective costs. Sd/- K. VINOD CHANDRAN, JUDGE SB


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