MAJEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext. P4 order passed by the Government is under challenge. It is passed pursuant to judgment in O. P. N. 9441/2002. The issue pertains to counting of provisional service for the purpose of increment. Petitioner had requested the Government to consider the case of the petitioner in the light of the Bench decision of this court reported in Hussain v. Kerala Water Authority, 1996 (2) KLT 555 . In the said decision this court had clarified that by revision of pay scale the identity of the scale of pay will not be lost. In Ext. P3 the petitioner has stated that her provisional service is from 24.5.1987 to 2.2.1992, It may be seen that the Government decision No. 2 below R.33 Part.1 KSR in the matter of counting of provisional service for the purpose of increment was deleted only with effect from 1.10.1994. Therefore, the petitioner is entitled to count the said period for the purpose of increment. Therefore, I set aside Ext. P4. There will be a direction to the first respondent to consider Ext. P3 afresh and pass orders in the light of the observations made in this judgment. Orders as above shall be passed and the eligible benefits shall be granted to the petitioner within a period of four months from the date of receipt of a copy of the judgment, The original petition is disposed of as above.