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2015 Supreme(Ker) 862

A.K.JAYASANKARAN NAMBIAR
RAJIV JAYARAJ – Appellant
Versus
HIGH COURT OF KERALA REPRESENTED BY THE REGISTRAR (SUBORDINATE JUDICIARY) – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.M.R.RAJENDRAN NAIR (SR.), SRI.MANU GOVIND, SMT.VINEETHA B., SRI.NIRMAL V NAIR, SRI.M.R.HARIRAJ.
FOR THE RESPONDENT: SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP DMN, SMT.V.P.SEEMANDINI (SR.), SRI.M.R.ANISON, GOVERNMENT PLEADER SRI.RINNY STEPHEN CHAMAPARAMPIL

JUDGMENT

The petitioner in this writ petition is one of our own - a serving Principal Munsiff. He is aggrieved by certain adverse remarks that have been entered in his service records, as a consequence of which he has been denied the benefit of a higher scale of pay under the Assured Career Progression Scheme, and probably stands to lose much more in the years to come. He commenced service as a Munsiff Magistrate from 21.10.2002 and was posted as Munsiff Magistrate at Androth, on deputation. The 2nd respondent was the District Judge at Kavarati during that time and he was also the immediate superior officer and reporting authority of the petitioner. There appears to have been some irreconcilable differences between the petitioner and the 2nd respondent and there were instances of the 2nd respondent alleging improper discharge of duty by the petitioner and the petitioner alleging harassment at the hands of the 2nd respondent. It was probably on this count that the petitioner, who had joined as Munsiff-Magistrate at Androth on 02.06.2010 sought a transfer to the mainland, through




















































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