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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


Advocates:
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

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 MBS/

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 29.0

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