BEENA BAI.S Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) The petitioners who retired from Kerala State Housing Board on 31.12.2012 and 30.11.2013 respectively, while working as Junior Superintendents are aggrieved by the denial of arrears of terminal benefits due to them, pursuant to the directions in Ext P1 judgment.

(2.) Petitioners had approached this court in W.P.(C) No. 4509/2015 and W.P.(C) No.15928 of 2015, challenging the proceedings initiated by the respondents to re-fix their pay and to effect recovery on the ground that they were granted second higher grade in a higher scale. Petitioners who had entered service as LD Clerks were granted the pay of Junior Superintendent as 2nd Higher Grade, since there was no post of Head Clerk under them. Based on Government letter directing re-fixation, the respondents recovered the alleged excess pay from the terminal benefits due to them. As per Ext P1 common judgment dated 18.10.2016 this court found that persons like petitioners were entitled to the scale of pay of Junior Superintendents as their 2nd Higher Grade. It was also directed that the pay and terminal benefits of petitioners shall be re-fixed accordingly and the amount recovered from them shall be refunded to them.

(3.) Petitioners point out that the respondents thereafter issued Ext P2 order dated 24.01.2007 directing to release the pay recovered from them. It is stated that ExtS.P3 and P4 orders were issued on 24.01.2008 re-fixing their pay on grant of the 2nd higher grade. It was followed by Ext P5 and P6 orders dated 26.12.2008 re-fixing their pensionary benefits. It is stated that they are yet to receive the benefits flowing out of those orders of the re-fixation. Though the petitioners submitted Ext P7 representation before the respondents, it is stated that there was no response to it.