Kerala High Court
Babu Abraham vs State Of Kerala on 25 September, 2024
WP(C) NO. 31025 OF 2017 2024:KER:72058
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 31025 OF 2017
PETITIONER:
BABU ABRAHAM
AGED 57 YEARS
SELECTION GRADE TYPIST (RETIRED), JUDICIAL
DEPARTMENT, SUB COURT, ALAPPUZHA,
RESIDING AT PUTHUPARAMBIL HOUSE, ASHRAMAM WARD,
ALAPPUZHA-688 006.
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.LATHA SUSAN CHERIAN
SMT.K.S.SANTHI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, STATE OF KERALA,
THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:
SRI JUSTIN JACOB,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAS BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 31025 OF 2017 2024:KER:72058
2
HARISANKAR V. MENON, J.
-------------------------------------------------------
W.P(C).No.31025 of 2017
--------------------------------------------------------
Dated this the 25th day of September, 2024
JUDGMENT
The petitioner joined the service in Judicial
Department as a last grade employee on 22.11.1996. He
has been promoted as L.D Typist, U.D Typist and ultimately
retired on 31.01.2016.
2. The post of Senior Grade Typist pursuant to
the 9th pay Commission, stood abolished pursuant to the 10 th
pay Commission. Later by Ext.P1, the Government issued
orders approving the reinstatement of the post of Senior
Grade Typist on 15.02.2017. However, through the said
order, it was provided that the two increments that were
provided by the 10th pay Commission can be claimed only by
those who are in service as on 01.04.2016.
WP(C) NO. 31025 OF 2017 2024:KER:72058
3. The petitioner points out that since he has
retired on 31.01.2016, he is being denied the benefits of
such two increments pursuant to the 10th pay Commission,
since, Ext.P1 makes the above benefits applicable only for
those who are in service on 01.04.2016. The petitioner in
such circumstances, has submitted Ext.P2 representation to
the respondents herein, pointing out that there is no basis of
fixation of the cut off date as on 01.04.2016, especially,
when the 10th pay Commission was implemented with effect
from 01.07.2014. In Ext.P2, the petitioner ultimately
requested the Government to extend the benefits of the two
increments pursuant to the 10th pay Commission, taking
note of the fact that the implementation of the 10 th pay
Commission was with effect from 01.07.2014.
Taking note for the submissions made by Sri.
George Cherian, learned Counsel for the petitioner and Sri.
Justin Jacob, learned Senior Government Pleader, this Writ
Petition would stand disposed of directing the respondents
WP(C) NO. 31025 OF 2017 2024:KER:72058
herein to take a decision on Ext.P2, as expeditiously as
possible, at any rate, within a period of three months from
the date of receipt of a certified copy of the Judgment.
Needless to say that the Government would take into
consideration the submissions made in Ext.P2 application
sympathetically.
Sd/-
HARISANKAR V.MENON
JUDGE
NM
WP(C) NO. 31025 OF 2017 2024:KER:72058
APPENDIX OF WP(C)NO. 31025/2017
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 15-2-2017
EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION DATED
25-2-2017.
