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2009 Supreme(Ker) 144

P.R.RAMACHANDRA MENON
Marita Joseph, Anugraha – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:
For the Petitioners:P.J. Elvin Peter, Advocate. For the Respondent:N.N. Sugunapalan (SR.), Advocate.

Judgment:

The seniority of the petitioners who were originally recruited as L.D. Typists in the respondent-Board and were later promoted to the higher cadre of Junior Personal Assistant, which is the re-designated post of Stenographer (Selection Grade) based on the test qualification was stated as shattered and unsettled by Ext.P8 issued by the Board allegedly in compliance with the directions given by the Apex Court as per the decision-Kerala State Electricity Board vs. N. Sukesen and others [(1996) 9 Supreme Court Cases 397] which, hence, was sought to be intercepted by filing O.P.No. 4729 of 1998, leading to Ext.P10 judgment directing the respondent-Board to look into the aspect and pass final orders as specified.

2. In furtherance to Ext. P10 verdict, the respondent-Board considered the matter and issued Ext.P11 order whereby Ext.P8 was upheld, simultaneously explaining the scope and ambit of the same specifying that pursuant to the re-fixation of the seniority bringing the petitioners to a lower position in the ladder, the salary already disbursed to them by virtue of their earlier promotion had to be recovered as excess payment. The petitioners who retired from the service with













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