LAWS(KER)-2014-8-710

V SASIDHARAN NAIR Vs. STATE OF KERALA

Decided On August 13, 2014
V Sasidharan Nair Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

(2.) WHAT is under challenge by the petitioner is the order passed by the Kerala Administrative Tribunal dismissing O.A. No.648/2014 filed by the petitioner. The petitioner is a Head Clerk in the Public Works Department. Prior to joining the PWD, he was in the Kerala Water and Waste Water Authority. Reckoning his prior service also, he was granted Time Bound Higher Grade. Subsequently, objection has been taken and Ext.P3 has been issued requiring his controling authority to take steps to review the irregular Time Bound Higher Grades granted to him and issue revised orders in that regard. It was in those circumstances, the Original Application was filed and the same was dismissed by the Tribunal.

(3.) HAVING heard the learned counsel for the petitioner and also considering the submissions made by both sides, we are inclined to agree with the Tribunal that the Time Bound Higher Grade can be claimed only from the date of commencement of service in the entry cadre in the Public Works Department. If that be so, Ext.P3 cannot be assailed. However, the fact remains that the petitioner has been enjoying the benefit of Time Bound Grade all these years and as a result of Ext.P3, he is faced with threat of recovery.