IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27896 of 2008(U) -------------------------- PETITIONER: ------------------ M.ABDUL RASHEED, AGED 58 YEARS, S/O MOHAMMED MUSTHAFA, M.S. MANZIL, ANDOORKONAM P.O., THIRUVANANTHAPURAM, (RETIRED HEAD DRAFTSMAN, SURVEY AND LAND RECORD). BY ADV. MR. T.RAJASEKHARAN NAIR RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27896 of 2008(U) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(P).NO.615/96(110)/FIN, DATED 03.10.1996, PASSED BY THE 1ST RESPONDENT. P2: COPY OF THE PROCEEDINGS DATED 01.06.1998 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE ORDER OF SANCTION OF FIXATION OF PAY AS PER THE RELEVANT GOVERNMENT ORDERS. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE JUDGMENT IN W.P.(C).NO.7927/2003, PASSED BY THIS COURT. P6: COPY OF THE JUDGMENT DATED 01.01.2008 IN W.P.(C).NO.38072/2007. P7: COPY OF THE ORDER DATED 25.06.2008 PASSED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 27896 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 1st day of October 2009. JUDGMENT The substantive issue raised in this writ petition has been dealt with by me in a batch of cases, Writ Petition No.590/2009 and connected cases. The cancellation of 3rd Time Bound Higher Grade in the scale of pay applicable to Technical Assistants/Superintendent in the Survey and Land Records Department has been upheld. But, nevertheless recovery of amounts consequent upon the orders of refixation till and inclusive of the date of judgment has been interdicted. The petitioners have been permitted to approach the Government invoking the powers of exemption available under Rule 7 of Part I of the KSR. The directions issued therein will applicable to the case of the petitioner herein also. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/