IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35112 of 2009(H) -------------------------- PETITIONER: --------------- SREEKUMAR.D, LABORATORY ASSISTANT - HIGH GRAdE (RETIRED), S.N. COLLEGE, CHEMPAZHANTHI, RESIDING AT LAILA VILASAM, CHANDRAPANIPURAM, UZHAMALAKKAL, PUTHUKULANGARA.P.O, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (FINANCE AND ACCOUNTS), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM - 1. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE MANAGER, SREE NARAYANA COLLEGE, KOLLAM. 5. THE PRINCIPAL, SREE NARAYANA COLLEGE, CHEMPAZHANTHI. BY SR. GOVT. PLEADER SRI. A.J VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 35112 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T Petitioner retired from service as Lab Assistant Higher Grade from the S.N College, Chempazhanthi managed by the 4th respondent. The main prayer in the writ petition is for a direction to the respondents to sanction the petitioner the 2nd and 3rd grade promotions as contemplated in Ext.P1 with effect from 1.7.2006 and grant him all consequential benefits including arrears of revised pay and revised pensionary benefits. 2. The particulars regarding the petitioner show that he was first appointed as Peon in the said college on 9.6.1983. He was promoted as Lab Assistant on 20.5.1988. From 1.7.1998 he was granted the first time bound higher grade in the category of Lab Assistant. 3. Ext.P1 is the order by which the Government ordered pay revision after accepting the report of the 8th Pay Revision Commission. Clause 9 of Ext.P1 relates to the Time Bound Grade Promotion Scheme. The case of the petitioner is that he completed 17 years of service W.P ( C) No. 35112 of 2009 2 before 1.3.2006 the date on which the benefit of the Government Order was extended to the Private College Staff. He was eligible to get 2nd time bound higher grade with effect from 1.7.2006. He completed 23 years of service inclusive of his service in the entry post, on 8.6.2006 and accordingly he opted for the 3rd time bound higher grade with effect from 1.7.2006, which is evident from Exts.P2 and P3. 4. The petitioner has accordingly submitted a representation before the 4th respondent and the 4th respondent forwarded the same to the 2nd respondent through 3rd respondent. 5. In the light of the fact that the petitioner has already retired from service on 30.11.2008 the request of the petitioner that a direction has to be issued to the respondents 2 and 3 to finalise the same without delay is only reasonable. There will be a direction to the 3rd respondent to see that the proposal in terms of Ext.P1 Scheme is forwarded to the 2nd respondent, if not already done, within a period W.P ( C) No. 35112 of 2009 3 of one month from the date of receipt of a copy of this judgment. Second respondent will take further action for sanction of the same including revision of the pension in tune with the grant of time bound higher grade to the petitioner within a further period of two months. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 35112 of 2009 4 W.P ( C) No. 35112 of 2009 5