JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was first appointed as a Work superintendent in the Kanjirappally Block Office in 1961. In 1964 he was transferred to the Vazhoor Block Office and appointed as a PWD. Work superintendent. He was happily working in that office for four years. In 1968 the Executive Engineer considered that his appointment to that post in 1964 was irregular, and terminated his services. This was immediately challenged by the petitioner and this Court in O. P. No. 4301 of 1969 held, by Ext. P1 judgment, that the termination was illegal and directed reinstatement of the petitioner. In Para. 3 of the judgment this Court stated as follows: "in the result I quash Ext. P8 and direct respondents 1 to 4 to absorb the petitioner as Works Superintendent in the public Works Department in terms of the Government Order Ext. R3 dated 17th march 1968. THE petitioner would be entitled to his pay and allowance as Works superintendent with effect from this date. His claim, if any, for arrears of pay and allowance from the date of relieving him from service as per Ext. P8 till this date will be considered by the Government on the merits of the case. In the circumstances of the case the parties will bear their own costs. "

(2.) THE petitioner was accordingly reinstated as from the date of the judgment, that is, 22nd November 1971, and his pay and allowances were also paid as from that date. THE question, however, arose as regards the claim of the petitioner for the arrears of pay and allowances from the date of termination, that is, 23 71969, till the date of the judgment, that is. 22-11-1971.

(3.) IN the circumstances, I am of the view that the petitioner is entitled to bis full pay and allowances for the period from 23 71969 to 22 111971. I direct the respondents to reconsider the petitioner's application for arrears and pass suitable orders. The Original Petition is accordingly disposed of. The parties will bear their respective costs. Allowed. . .