STATE OF KERALA Vs. A BASHEER

JUDGEMENT

(1.) The Original Petition is filed by the State challenging the order of the Kerala Administrative Tribunal in T.A.No.1089/2013. The applicant was a Head Constable Driver, who retired from service on 31.05.2007. He is aggrieved by the order of the Department to recover an amount of Rs.18,652/- from his D.C.R.G. in lieu of the 3rd petitioner in this petition issuing a non-liability certificate stating that the aforesaid amount was paid in excess to him during his service at the time of fixing of his pay for the time bound higher grades. His grievance is that he was deprived the benefits he was enjoying consequent on sanctioning of higher grades and fixation of pay as was granted to his junior S.Swarnan and Selvaraj.

(2.) The applicant had earlier filed W.P.(C) No.37359/2008 before this Court and vide judgment dated 31.05.2011 at Ext.P13 this Court had disposed of the Writ Petition with direction to the 2nd petitioner herein to consider whether or not the petitioner is similarly placed like the persons referred to therein so as to enable him to draw retirement benefits like those allegedly similarly placed persons and pass appropriate orders on the claim. Consequent to this, Ext.P15 reply was sent to the applicant by the 3rd petitioner stating in detail the reasons why he could not be granted the same benefits as claimed by him as parity with his juniors in service.

(3.) Not being satisfied with this letter denying him claim, the applicant challenged the order before the Kerala Administrative Tribunal and vide the impugned order dated 01.12.2017 directed the 2nd petitioner to release an amount of Rs.18,652/- to the applicant within a period of two months from the date of receipt of the order. The State is aggrieved and hence this Original Petition. The 2nd respondentAccountant General herein was transposed as the 4th petitioner.