IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 23549 of 2007(C) -------------------------- PETITIONER(S): --------------- P.VINAYAKA CHANDRAN, S/O. PRAMESWARAN PILLAI, AGED 53 YEARS, AMBALATHIL VEEDU, H.NO. 4/415, AMBALAM JUNCTION, KOWDIAR P.O., THIRUVANANTHAPURAM-3. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. ACCOUNT AND GENERAL OF KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 4. CHIEF ENGINEER, P.W.D. (ADMINISTRATION), THIRUVANANTHAPURAM. 5. ASSISTANT EXECUTIVE ENGINEER, CITY ROADS SUB DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 23549 of 2007 --------------------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT The petitioner is aggrieved by the denial of benefits of Higher Grade which are allowed by the Government as per Ext.P7. He was working as Rollers Driver in Public Works Department, City Roads Section No.3, Thiruvananthapuram. He was initially appointed as Rollers Cleaners and joined the service on 13.12.1982. This is evidenced by Ext.P1. He was promoted as per Ext.P2 as Rollers Driver (Gr.II) in the scale of pay Rs.330.515/-. The first higher grade after completion of 10 years of service was granted to him by the 4th respondent as per Ext.P3 proceedings. 2. According to the petitioner after completion of 18 years of service as Driver, he was entitled for the benefits of second higher grade. The same was granted to him by the competent authority as per proceedings dtd.30.9.2004. Ext.P4 has been produced by the petitioner in support of the said claim. Presently, he has filed Ext.P5 seeking for the benefit of third time bound Higher Grade on completion of 23 years. The 4th respondent has forwarded the application to the third respondent for approval. Meanwhile, the third respondent has raised an objection regarding grant of second higher grade which resulted in Ext.P6 proceedings to recover a lump sum amount from the salary of the petitioner. The petitioner is wpc:23549 of 2007 2 relying upon Clause 5 1(b) 2(ii) of the Pay revision order of the year 1998 namely G.O.No. 3000/98/Fin. dated 25.11.1998 as well as Ext.P8 G.O.(P)No.145/2006/Fin. dated 25/3/2006. According to the petitioner, the effect of the said clause has not been correctly appreciated by the authorities concerned. 3. The Accountant General has also issued circular Ext.P9 dated 31.03.2006 based on the Pay Revision Order. The petitioner is basing his claim on these orders, issued based on the recommendation of the Pay Commission. Since the petitioner has already moved the competent authority in the matter, there will be a direction to the fifth respondent take action on Ext.P5 in accordance with the scheme for grant of higher grade as sanctioned by various Government orders from time to time. The 5th respondent is directed to forward the proposal in support of the claim to the 4th respondent and on receipt of the same, 4th respondent will pass appropriate orders within two months from the date of receipt of a copy of this judgment. The interim order passed by this court on 1.08.2008 will continue to be in force till orders are passed and communicated to the petitioner. The petitioner will be heard before any orders are passed in the matter. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps