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2021 Supreme(Ker) 974

RAJA VIJAYARAGHAVAN V.
Markose V. T. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.A. Fayaz, M. Vishnupriya, C.B. Abhinava.
For the Respondents: Roshen D. Alexander, Tina Alex Thomas, Harimohan, Nisha Bose.

JUDGMENT :

1. By Ext.P6 order impugned in this Writ Petition, the 3rd respondent has ordered that the grant of the scale of Rs. 4000-6090 on the petitioner becoming eligible for First Time Bound Higher Grade (‘TBHG’ for short) on 13.8.1999 was irregular. As a consequence, the 4th respondent was directed to recover the alleged excess payment of salary to the petitioner and to furnish a fresh fixation statement by fixing the scale as Rs. 3350-5275 with effect from 13.08.1999 onwards.

2. Brief Facts of the case are as under:

    (1) By Ext. P1 order, the petitioner was appointed as attender at the MSS TTI, an aided school under the ownership and management of the 5th respondent, with effect from 1.12.1987. The petitioner was later promoted as Clerk and he was posted at the MGM High School, Puthuppady with effect from 01.11.1989. After working in various schools under the same Corporate Management, he was finally posted to MD Seminary Higher Secondary School with effect from 27.04.2011. While continuing in service as aforesaid, he attained superannuation on 30.4.2021.

(2) The petitioner refers to Ext.P2 series and contends that he has cleared all the required tests in tune with Ext.P3 Governme

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