BABURAJ M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who was absorbed as Senior Executive Assistant(Asst.Manager Gr.II) in the Vegetable and Fruit Promotion Council, (hereinafter referred to as 'the Council') has filed this writ petition challenging the fixation of his pay in Ext.P10 proceedings and rejection of his request for fixation of pay with reference to his last pay, in Ext.P12. He has also sought for a direction to fix his pay in terms of Ext.P1 order.

(2.) While the petitioner was working as Assistant Higher Grade in the Kerala Kerakarshaka Sahakarana Federation Ltd. (KERAFED) he was appointed as Senior Executive Assistant in the Council on deputation in the year 2004. He has been working in the KERAFED since the year 1992. He joined the Council on 8.7.2004. While working so, he was absorbed in the Council as per Ext.P1 order dated 25.5.2006, on the basis of a decision taken in the 25th Board Meeting held on 28.4.2006. In that order it was stated as follows:

(3.) He was placed on probation for a period of one year. It was stated that the conditions of service would be bound only by the provisions of VFPCK Staff Regulations as amended from time to time. He was requested to join duty on or before 15.6.2006 in case the terms and conditions were acceptable to him. On receipt of Ext.P1 order, petitioner resigned from KERAFED and joined the Council on 21.6.2006. By Ext.P2 letter dated 10.7.2006, the 2nd respondent called for the Last Pay Certificate of the petitioner so as to fix his pay in the Council. Accordingly, as per Ext.P3 letter the Last Pay Certificate was issued on 15.7.2006 indicating his basic pay as Rs.5950/- in the scale of pay of Rs.5500- 150-6100-175-9075 as on 1.5.2006. Consequent to the revision of pay effected in the KERAFED petitioner's pay was revised as per Ext.P4 order with effect from 1.9.2004 in the scale of pay of Rs.9190-15510 re-fixing his pay at Rs.10310/- as on 1.9.2004 and at Rs.10550/- as on 1.9.2005. Petitioner thereupon claimed that his pay is to be fixed on the basis of the revised basic pay.