SAIFUL ISLAM Vs. STATE OF KERALA
LAWS(KER)-2003-6-71
HIGH COURT OF KERALA
Decided on June 20,2003

SAIFUL ISLAM Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) Conflict between pay fixations under Rr.28A and 30 of Part - I KSR is the subject matter of the Writ Petition. Is there any restriction that R.28A fixation cannot be granted more than twice and if a third occasion arises it should be under R.30
(2.) Petitioners entered service as Junior Agricultural Officers during 1963-64. In terms of the then existing orders, they secured a first higher grade on completion of 13 years of service in 1979. Thereafter in 1983 they were promoted as Assistant Directors. In both 1979 time bound higher grade promotion and 1983 Assistant Director promotion, the petitioners were granted benefit of fixation under R.28A Part - I of the Kerala Service Rules since both promotions involved change in time scale requiring application of R.28A. The 1988 pay revision which came into effect from 1.7.1988 provided for time bound second higher grade promotion on completion of 20 years of service. Petitioners were in the scale of pay of Rs.1650-3175 at that time and they were given the scale of Rs.2070-3550 as per Ext. P1. Their pay was fixed subsequently granting the benefit under R.28A Part.1 of the Kerala Service Rules since the said grade promotion also involved a change in the time scale. While fixing the pay in accordance with 1992 pay revision, the Accountant General raised a query regarding the R.28A fixation made in terms of 1988 pay revision.
(3.) It is the stand of the Government that since petitioners already had the benefit of two promotions involving R.28A fixation, one in 1979 and the other in 1983, fixation pursuant to the second higher grade with effect from 1.7.1988 should have been done only under R.30 Part.1 of the Kerala Service Rules. Exts.P3 to P7 are the consequential recovery.;


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