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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
STATE OF KERALA – Appellant
Versus
KAMALAKARAN, THOMAS I.O., VALSAN T.P., KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, KERALA FOREST RESEARCH INSTITUTE, THE DIRECTOR – Respondent
| Table of Content |
|---|
| 1. regularisation and pay fixation issues for employees (Para 1 , 2 , 3) |
| 2. arguments regarding pay protection and entitlements (Para 4 , 5 , 6) |
| 3. court's determination on non-recovery of excess payments (Para 7) |
JUDGMENT
P.V.BALAKRISHNAN,J
This intra-court appeal is filed by the first respondent in W.P.(C)No.25524/2012, challenging the judgment dated 04.12.2017, allowing the writ petition filed by respondents 1 to 3 herein.
2. Respondents 1 to 3 herein/writ petitioners were working with the 3rd respondent, initially on the basis of daily wages and thereafter, on contract basis. While so, even though a proposal for regularisation of service of respondents 1 to 3 was taken up by the 4th respondent before the Government, the same was objected. Aggrieved by the same, the first respondent filed a writ petition, as W.P.(C)No.2277 of 2009, before this Court and this Court allowed the same and directed regularisation of his service with immediate effect, as per Ext.P3 judgment. Subsequently, respondents 2 and 3 also approached this Court and obtained similar orders in their favour. Thereafter, respondents 1 to 3 were regularised in service as per Exts.P4 and P5 orders. The serv
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