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2020 Supreme(Ker) 21

S.MANIKUMAR, A.M.SHAFFIQUE, A.K.JAYASANKARAN NAMBIAR
P. K. Sasi, Senior Accountant, Sub Treasury, Piravom – Appellant
Versus
State of Kerala Represented By Its Secretary To Government, Department of Finance – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.Sreekumar, Sri.K.S.Manu (Punukkonnoor), Sri.P.S.Sidhan
For the Respondent: Sri.N.Manoj Kumar, Spl. Government Pleader

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. These matters are before us consequent to the reference order dated 23.3.2010 in W.A.Nos.996/2009 and 1143/2009. The Writ Appeals were preferred against the judgments dated 4.2.2009 and 2.3.2009 of the learned Single Judges in W.P.(C).No.551/2005 and W.P. (C).No.22629/2005 respectively. In the said writ petitions, the issue that arose for consideration was whether the petitioners therein, who were working as Treasurers in the Treasury Department of the State, were entitled to a higher grade of pay in their posts on completion of eight years service in that post, based on the Pay Revision orders in force. It would appear that the petitioners therein had been granted the said higher grade of pay, but the orders granting the higher grade were subsequently cancelled by the Government, which took the view that, insofar as the post of Treasurer under the Treasury Subordinate Service was an entry post for the purposes of the Pay Revision orders, their entitlement to the higher grade pay would accrue only on completion of ten years in the post of Treasurer and not after 8 years service as was applicable to promotion posts.

2. The writ petitions were

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