K KUSUMAM Vs. STATE OF KERALA

JUDGEMENT

(1.) AFTER putting in provisional service for the period from 28.10.1983 to 11.6.1988, pursuant to advise by the Kerala Public Service Commission, the petitioner joined service as Agricultural Demonstrator Grade II on 17.05.1990. Subsequently, the petitioner raised a claim for service benefits like increments, higher grade etc. counting the provisional service as well under the erstwhile Government decision No.2 under Rule 33 of Part I of Kerala Service Rules. That was rejected by Ext.P8 order on the ground that the scales of pay during provisional service and regular service were different. The petitioner is challenging the same on the ground that the difference in the scales of pay arose only because of revision of scales of pay and this court has in Ext.P7 judgment held that simply because on account of revision of scales of pay the scales of pay increased the benefits under Government decision No.2 cannot be denied to a government servant. The petitioner therefore seeks the following reliefs:

(2.) THE 1st respondent has filed a counter affidavit wherein the primary contention taken is that the petitioner voluntarily resigned from the provisional service and therefore by virtue of Note 2 to Rule 63 of Part I of KSR the petitioner is not entitled to any benefits in respect of that provisional service.