R.G.Vilas Kumar vs Food Corporation Of India
2021 Latest Caselaw 18537 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
                             WA NO. 477 OF 2016

     AGAINST JUDGMENT DATED 18/1/2016 IN WPC 22133/2015 OF THIS COURT.

                                      ---

APPELLANT/PETITIONER:

  R.G.VILAS KUMAR,AGED 52 YEARS,S/O.RAGHAVAN PILLAI,

  KALLINGAVILA VEEDU, MANAKKAL P.O, THIRUVANANTHAPURAM,

  NOW WORKING AS ASSISTANT GRADE-III (GENERAL),

  FOOD CORPORATION OF INDIA,REGIONAL OFFICE,KESAVADASAPURAM.

BY ADV.SRI.T.A.UNNIKRISHNAN

RESPONDENTS/RESPONDNETS:

1.THE FOOD CORPORATION OF INDIA,

  REPRESENTED BY ITS MANAGING DIRECTOR,

  FOOD CORPORATION OF INDIA, HEAD QUARTERS,

  NEW DELHI, PIN -110 001.

2.THE EXECUTIVE DIRECTOR(SOUTH),FOOD CORPORATION OF INDIA,

  ZONAL OFFICE,CHENNAI, PIN-6000 006.

3.THE GENERAL MANAGER,FOOD CORPORATION OF INDIA, REGIONAL OFFICE,

  THIRUVANANTHAPURAM, PIN -695 004.

BY SRI.JOSE KURIAKOSE, STANDING COUNSEL


     Prayer for interim relief in the Writ Appeal stating that in the
circumstacnes stated in the appeal memorandum, the High Court be pleased
to direct the respondents to treat the intervening period from the date of
dismissal till reinstatement as period spend on duty and release the
salary for the said period forthwith, pending disposal of the Writ Appeal.


     This Writ Appeal coming on for orders on 08.09.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:


                                                                       P.T.O.
                    ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
             --------------------------------------------------------------------------
                                      W.A. No. 477 of 2016
                    {arising out of the impugned judgment dated 18.1.2016 in
                                      WP(C) No. 22133/2015}
             ---------------------------------------------------------------------------
                         Dated this the 8th day of September, 2021

                                            ORDER

The learned Standing Counsel for the respondent FCI will

get specific instruction as to whether the intervening period in

question could be regulated by treating the same period as

qualified for pensionary benefits and for notional pay fixation, so

that the last pay of the petitioner could be fixed appropriately and

pensionary benefits could be appropriately revised.

List the case for orders at 10.15 A.M. in the Admission List

on 22.9.2021.

Hand over.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

A.BADHARUDEEN, JUDGE MMG

08-09-2021 /True Copy/ Assistant Registrar