LAWS(KER)-2024-7-124

STATE OF KERALA Vs. ABDUL AZEZ

Decided On July 02, 2024
STATE OF KERALA Appellant
V/S
Abdul Azez Respondents

JUDGEMENT

(1.) Since these original petitions are filed challenging common order dtd. 2/3/2015 in O.A.Nos.1852 of 2014 and 1963 of 2013 of the Kerala Administrative Tribunal, Thiruvananthapuram, they are heard and disposed of together.

(2.) O.P(KAT) No. 245 of 2015 is filed by respondents 1 and 2 in O.A.No.1852 of 2014 on the file of the Kerala Administrative Tribunal and the respondents herein are the applicants therein. The applicants in the O.A. are ex-servicemen who rejoined in Sainik Welfare Department as Welfare Organisers. Applicants 1 to 5 joined the department on 1/11/2004, 4/11/2004, 17/12/2004, 18/6/2005 and 18/5/2006 respectively. Other than ministerial staff there are mainly 4 posts in the department.

(3.) O.A.No.1852 of 2014 was heard along with O.A.No.1963 of 2013 (against which O.P(KAT) No.261 of 2015 is filed) and by Ext.P3 common order dtd. 3/2/2015, the Tribunal allowed both the O.As directing the respondents therein to issue revised orders granting the scale of pay of Rs.18740.0033680 as First Time Bound Higher Grade to the applicants therein. The Tribunal while issuing Ext P3 common order essentially relied on Annexure-A6 (judgment dtd. 27/2/1998 in O.P.No.493 of 1995) and Annexure-A7 (judgment dtd. 7/1/2022 in W.A.No.1147 of 1998) to grant relief to the applicants therein. It is aggrieved by Ext.P3 common order that the above two O.P(KAT)s were filed. Similar contentions were raised in O.P(KAT) No.261 of 2015 also.