IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.A.ABDUL GAFOOR & THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 19TH JANUARY 2007 / 29TH PAUSHA 1928 WA.No. 2071 of 2006-C --------------------- AGAINST THE JUDGEMENT IN WPC.2320/2006 .................... APPELLANT: 1ST RESPONDENT IN W.P. --------------------------------- STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENTS: PETITIONERS 1 TO 3 & 2ND RESPONDENT IN W.P. -------------------------------------------------------- 1. S.RAJENDRAN PILLAI, ASSISTANT GRADE-1, HIGH COURT OF KERALA, ERNAKULAM. 2. P.S.PARAMESWARAN, ASSISTANT GRADE-1, HIGH COURT OF KERALA, ERNAKULAM. 3. P.L.STEPHEN, ASSISTANT GRADE-1, HIGH COURT OF KERALA, ERNAKULAM. 4. HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR GENERAL, ERNAKULAM, KOCHI-31. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.KRB.KAIMAL (SR.) SMT.N.SANTHA SRI/.K.A.BALAN SRI.PETERJOSE CHRISTO SRI.S.P.BALAKRISHNA PILLAI SRI.B.UNNIKRISHNA KAIMAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.A.ABDUL GAFOOR & K.R. UDAYABHANU, JJ. ============================== W.A.NO. 2071 OF 2006 ============================ DATED THIS THE 19TH DAY OF JANUARY 2007 JUDGMENT Abdul Gafoor,J. Taking into account the relevant rule, the eligibility for appointment by transfer as Assistant Grade-II from among Typist/Copyist Grade-I as on the relevant date and the retrospective promotion even prior to that date to the post of Senior Grade Typist/Copyist, such transfers are not strictly as per rules. Anyhow to avoid heart burn, we are of the view that the transfer granted to the respondents/writ petitioners to the category of Assistant Grade- II/Grade-I, shall be left undisturbed, but the higher rate of pay that they were paid than that entitled on such transfer if allowed from the category of Typist/Copyist Grade-I, consequent on the W.A.NO. 2071/2006 -2- retrospective promotion as Senior Grade Typist/Copyist, shall be treated as personal pay until the same is wiped off by the accruing increments in the scale of pay of Assistant Grade-II/I as the case may be. The writ appeal is closed. Sd/- K.A.ABDUL GAFOOR JUDGE Sd/- ks. K.R.UDAYABHANU, JUDGE TRUE COPY P.S.TO JUDGE