IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 1372 of 2009(S) ------------------------- OA.765/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. DIRECTOR OF ACCOUNTS, POSTAL, KERALA CIRCLE, G.P.O. COMPLEX, THIRUVANANTHAPURAM. 2. UNION OF INDIA REPRESENTED BY THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT(S): --------------- G.SARAMMA, W/O.K.VELAYUDHAN, GROUP D, NON-TEST CATEGORY OFFICE OF DIRECTOR OF ACCOUNTS, KERALA CIRCLE, THIRUVANANTHAPURAM RESIDING AT THALIKADU VEEDU, PAROTTUKONAM, NALANCHIRA P.O., ULLOOR VILLAGE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ----------------------------------------- W.P.(C) NO. 1372 OF 2009-S ----------------------------------------- Dated 27th January, 2009. JUDGMENT Balakrishnan Nair, J. The respondents in O.A.No.765/2006 on the files of the Central Administrative Tribunal, Ernakulam Bench are the writ petitioners. The respondent herein was the applicant in that O.A. She was a casual labourer with temporary status in a Group D post. On regularization in the Group D post by Annexure-A1 order, her salary was fixed in the scale of pay of Rs.2550 - 3200, at the minimum of the scale of pay. The aggrieved applicant filed the O.A., claiming that the basic pay drawn by her while serving as a casual employee should be protected. The said prayer was granted by the Tribunal, relying on its earlier decision, which has been affirmed by this Court also in O.P.No.13244/2001. We notice that we have upheld such orders in a few other writ petitions also. A casual employee, who is drawing her pay in a scale of pay is entitled to get protection of her last drawn basic pay, for the purpose of fixation of pay, on her WPC 1372/2009 2 regularization. We find nothing wrong with the relief granted to the respondent by the C.A.T. In the result, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. K.SURENDRA MOHAN, JUDGE. Nm/