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2010 Supreme(Ker) 173

S.SIRI JAGAN
C. C. Joseph – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates appeared:
For the Petitioners:P.M. Mohammed Shiraz, Advocate. For the Respondent: C.K. Karunakaran, Sc For KSEB.

Judgment :

The petitioner is a retired employee of the Kerala State Electricity Board. The grievance voiced by him in this writ petition is regarding the alleged wrong interpretation of Ext.P1 long term settlement signed between the Electricity Board and its unions on the basis of Ext.P5 clarificatory circular issued by the Board in respect of the long term settlement. By Ext.P1 long term settlement, the management and the unions agreed for revision of scales of pay of the workmen which contained the mode of fixation of pay in the revised scale of pay. Consequently the petitioner's pay in the revised scale was fixed by Ext.P2 order in accordance with the Rules of fixation given in Clause 8 of Ext.P1. Later on, that was sought to be modified on the basis of Ext.P5 Circular and excess amounts were directed to be recovered from the petitioner. The reason for the same is that prior to the revision of pay the petitioner was actually getting salary less than what he was to get in the minimum of the revised scale of pay prescribed for the petitioner. Under Clause 8(g) of Ext.P1 it was stipulated that the next increment of the employee whose salary was fixed in the revised scale of pay woul













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