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2023 Supreme(Online)(KER) 29506
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
STATE OF KERALA, – Appellant
Versus
SHEEJAMOL P H, – Respondent
OP(KAT) 377 2023
SR.GOVERNMENT PLEADER SMT.VINEETHA; ADV. P.N.SANTHOSH FOR R1; ADV.K.P.GEETHAMANI FOR R1; ADV SHRI.UNNIKRISHNAN V.ALAPPATT, SC, THODUPUZHA MUNICIPALITY
Public servants in the Municipal Common Service, as per the amended law, are entitled to be regarded as government servants for pay purposes.
Headnote:
Municipal Service - Government Service - Kerala Municipality Act - Section 222(1) - The court affirmed that public servants in the Municipal Common Service, except contingent employees, are treated as government servants, upholding a prior judgment and dismissing the petition.
Fact of the Case:
The State filed an Original Petition against a Tribunal's order to reckon prior service of an applicant in the Municipal Common Service for pay fixation purposes, invoking the amended Kerala Municipality Act.
Issues: Whether the prior service of the applicant before the Education Department should be reckoned for pay fixation in the Municipal Common Service.
Ratio Decidendi: The court determined that the statutory provisions and previous judgments support the claim for reckoning prior service, confirming the application of the amended law.
Final Decision: The Original Petition was dismissed in limine.
JUDGMENT
Shoba Annamma Eapen, J.
Spoke. Oral judgment dated 21st September,2023 of this Court is recalled.
2. This Original Petition is filed by the State aggrieved by the judgment dated 22.11.2022 of the Kerala Administrative Tribunal, Thiruvananthapuram in O.A.No.976/2021, directing the Government to reckon prior Government service of the applicant before the Education Department as Peon from 15.03.2010 to 02.04.2018, for the purpose of fixation of pay in the Municipal Common Service. 3. It is to be noted that Section 222 (1) of the Kerala Municipality Act and Rules has been amended with effect from 06.03.2018. A public servant in Municipal Common Service is treated as Government servant except contingent employees. The issue is also covered by the judgment of this Court in O.P(KAT) No.219 of 2022 in favour of the party respondents.
In the light of statutory provision as well as the judgment of this Court, this Original Petition is dismissed in limine.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE sd/-
SHOBA ANNAMMA EAPEN, JUDGE
APPENDIX OF OP(KAT) 377/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ADVICE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION AS PER FILE NO.
IDE (3) 2553/06 DATED 29.01.2009.
Annexure A2 TRUE COPY OF APPOINTMENT ORDER NO.
A4/12988/09 DATED 04.03.2010 ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI.
Annexure A3 TRUE COPY OF THE RELIEVING ORDER NO.
04/2017-18/04 DATED 02.04.2018 OF THE HEAD MASTER, GHSS THODUPUZHA IDUKKI.
Annexure A4 TRUE COPY OF THE ADVICE FILE ID NO. IDB (4) 3161/13(2) DATED 09.02.2018 OF THE PUBLIC SERVICE COMMISSION DISTRICT OFFICE, IDUKKI.
Annexure A5 TRUE COPY OF APPOINTMENT ORDER VIDE PROCEEDINGS NO. E7-2334/2016 (6) (3)
DATED 15.03.2018 ISSUED BY THE DIRECTOR OF URBAN AFFAIRS.
Annexure A6 TRUE COPY OF GOVERNMENT ORDER G.O.(MS.)
NO. 256/17/LSGD DATED 21.12.2017 ISSUED BY THE FIRST RESPONDENT IN FAVOUR OF N.E.
SOORAJ.
Annexure A7 TRUE COPY OF ORDER DATED 08.08.2016 PASSED BY THIS HONOURABLE TRIBUNAL IN O.A. NO. 2273/2013 FILED BY N.E. SOORAJ.
Annexure A8 TRUE COPY OF LETTER OF COMMUNICATION NO.
E7-1407/20 DATED 22.09.2020 ISSUED BY THE
2 ND RESPONDENT TO THE SECRETARY, THODUPUZHA MUNICIPALITY, IDUKKI.
Annexure A9 TRUE COPY OF JUDGMENT OF THE DIVISION BENCH OF THE HONOURABLE HIGH COURT OF KERALA IN NIRISH KUMAR P.G. VS. STATE OF KERALA IN O.P.(KAT) NO. 4373/2012.
Annexure A10 TRUE COPY OF ORDER G.O.(MS.) NO.
44/2016/LSGD DATED 01.03.2016, ISSUED BY THE 1 ST RESPONDENT.
Annexure A11 TRUE COPY OF ADVANCE COPY OF THE REPRESENTATION DATED 27.05.2021 SUBMITTED TO THE 1 ST RESPONDENT.
Annexure A12 TRUE COPY OF THE POSTAL RECEIPT DATED
27.05.2021.
Annexure R2(a) TRUE COPY OF G.O.(MS.) NO. 211/06/LSGD DATED 12.09.2006.
Annexure A13 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS.) NO. 162/87/LSGD DATED 13.07.1987.
Annexure A14 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS.) NO. 211/2006/LSGD DATED 12.09.2006.
Annexure A15 TRUE COPY OF THE ORDER DATED 30.07.2019 IN O.A. NO. 1006/2017 (K. HARIKUMAR V.STATE OF KERALA AND ORS.) OF HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
Annexure A16 TRUE COPY OF G.O.(MS.) NO. 61/2011/LSGD DATED 26.02.2011 BY WHICH GOVERNMENT ACCORDED SANCTION FOR THE INTEGRATION OF FIVE DEPARTMENTS TO FORM MUNICIPAL COMMON SERVICE.
Annexure A17 TRUE COPY OF G.O.(MS.) NO. 106/2020/LSGD DATED 17.07.2020 BY WHICH GOVERNMENT ISSUED ORDERS INTEGRATING FIVE DEPARTMENTS UNDER MUNICIPAL COMMON SERVICE.
Annexure A18 TRUE COPY OF EXTRA ORDINARY GAZETTE NOTIFICAITON NO. 4904/LEG.C1/2019/LAW DATED 02.12.2019 BY WHICH THE GOVERNMENT AMENDED THE 1994 MUNICIPALITY ACT.
Annexure A8 in TRUE COPY OF LETTER OF COMMUNICATION NO.
OA.979/2021 E7-1407/20 DATED 28.09.2020 ISSUED BY THE
2 ND RESPONDENT TO THE SECRETARY, THODUPUZHA MUNICIPALITY, IDUKKI.
Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION NO. 976/2021 ALONG WITH ANNEXURES.
Exhibit P2 COPY OF THE REPLY STATEMENT FILED BY THE
2 ND RESPONDENT IN THE O.A.
Exhibit P3 COPY OF THE REJOINDER FILED BY THE APPLICANT Exhibit P4 COPY OF THE ORDER DATED 22.11.2022 IN O.A.
