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2015 Supreme(Ker) 1618

P.V.ASHA
Suresh Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Renjith Thampan (Sr.Advocate), N. Sugathan & Varsha Bhaskar
For the Respondents: P.C. Sasidharan & V.K. Refeek (Government Pleader)

JUDGMENT :

1. The petitioner, a member of Kerala Public Service Commission (hereinafter referred to as ‘PSC’) has approached this Court aggrieved by the fixation of his pay at a reduced rate, on the ground that he is drawing pension. The payment of salary and other benefits of the members of P.S.C. are governed by Kerala Public Service Commission (Composition & Conditions of Service of Members and Staff) Regulations, 1957 (hereinafter referred to as ‘Regulation’ for short). Regulation 4 deals with the salary and allowances of Chairman and members.

2. The petitioner voluntarily retired from the State Bank of Travancore (hereinafter referred to as ‘SBT’) on 17.4.2007, after rendering service there, from 12.10.1981 onwards. On 14.9.2010, he was appointed as member of PSC, as per Ext.P1 order, under Article 316(1) of the Constitution of India. At the time when petitioner was appointed, the pay admissible to a member of PSC was Rs.20500/-. But petitioner’s pay was fixed after deducting the pension drawn by him from SBT. In Ext.P5 pay slip, his substantive pay as on 17.9.2010 was shown as Rs.7905/-in the place of Rs.20500/-. By Ext.P8 order-i.e., G.O.(MS) No.413/2010/GAD/27.12.2010, Govern










































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