KUSUMAM AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) Case of the petitioner in brief is as follows:

(2.) Going by Ext.P4 it is clear that notice is taken of the break period between 28-03-1991 to 13-08-1991. The contention of the petitioner is that broken period also should be counted. Petitioner relies on Exts.P9 and P10.

(3.) I heard learned Government Pleader also. Learned Government Pleader submits that petitioner may be entitled to count the broken period of service under the old scheme, but petitioner has to complete 8 years and even if the petitioner is allowed to take into consideration the broken period service, petitioner would be entitled to senior scale on 11-07-98. He submits that there can be no objection in law in counting the broken service of the petitioner in reckoning the period of 8 years for conferment of senior scale. In that view of the matter, I declare that petitioner is entitled to count the services for the period from 26-02-1990 to 27-03-1991 and also service from 14-08-1991 till such time as there is deficit for making up the period of 8 years after counting the period from 26-02-1990 to 27-03-1991. Appropriate orders on the basis of this declaration shall be passed by the second respondent within a period of six weeks from the date of receipt of a copy of this judgment.