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2023 Supreme(Online)(KER) 23916

HIGH COURT OF KERALA
STATE OF KERALA
– Appellant
Versus

SUNIL KUMAR. K. S. – Respondent


JUDGMENT

A.K.Jayasankaran Nambiar. J.

The State is the petitioner in this original petition, aggrieved by the order dated 22.10.2021 of the Kerala Administrative Tribunal in OA No.601 of 2019.

2. The brief facts necessary for disposal of the original petition are as follows:

The applicant before the Tribunal, Sri.Sunilkumar.K.S. had joined the Municipal Common Service as Lower Division Clerk with effect from 4.11.2011. He was subsequently promoted as Upper Division Clerk in the same service with effect from 20.04.2017. It would appear that prior to his taking up the assignment in the Municipal Common Service in 2011 he had worked in the service of the Government for three spells, namely, 28.4.2004 to

29.4.2005 as Fireman Trainee, 30.04.2005 to 19.03.2010 as Fireman and 20.03.2010 to 4.11.2011 as Village Extension Officer Grade II in the Rural Development Department. Anticipating that his prior Government service would not be reckoned along with his Municipal Common Service for the purposes of various service benefits, he preferred a representation before the Government, which was rejected by Annexure A1 order dated 11.01.2019 stating that only those who joined the Municipal Common Serv

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