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2025 Supreme(Online)(Ker) 32728

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Nitin Jamdar, CJ, BASANT BALAJI, J
UNION OF INDIA – Appellant
Versus
K.P.SYED MUHAMMED – Respondent


Advocates:
For the Appellants/Petitioners: O.M.SHALINA, C.DINESH
For the Respondents: T.A.RAJAN

Table of Content
1. employment terms and initial conditions. (Para 1 , 2 , 3)
2. unlawful pay refixation without due process. (Para 4 , 5)
3. eligibility for higher grade pay upheld. (Para 6 , 7 , 8)

Basant Balaji J., The Petitioners are the Respondents in O.A.No.180/00653 of 2015 on the files of the Central Administrative Tribunal, Ernakulam bench and the Respondent was the Applicant therein. The O.A. was filed by the Respondent for the following reliefs:

“I) Call for the records leading to Annexure A6, A8 and A9 and set aside them.

11) Declare that the re-fixation of the pay of the applicant in Annexure A6 order is illegal.

III) Direct the respondents to grant the second financial up-

gradation benefit to the applicant under the MACP Scheme in the pay band and grade pay of the promotional post duly taking into account the pay drawn by the applicant as per Annexure A5.

IV) Direct the respondents to re-fix the pay and pensionary benefits of the applicant on the basis of the pay arrived in relief No.III.

V ) Award costs of and incidental to this application.

VI) Grant such other relief, which this Honourable Tribunal may deem fit and proper in the circumstances of the case.”

2. The Respondent b

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