IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 1438 of 2010(D) ------------------------- PETITIONER(S): --------------- MOHAMMEDALI.K.M. RETD.THIRD GRADE OVERSEER, P.W.D. ROADS DIVISION, MANJERI, (RESIDING AT KUNNUMMAL MADATHODIYIL, KARUVAMBARAM, MANJERI, MALAPPURAM-676123.) BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1438 OF 2010 (D) -------------------------------------------------- Dated this the 7th day of June, 2010 J U D G M E N T Petitioner is the 3rd Grade Overseer in the PWD department possessing JTSLC qualification. He was given time bound higher grades on completion of 10,18 and 23 years of service. That was by order dated 13.11.2006 and with effect from that date. 2. In writ petition No.25874/08, this court has upheld the contention of similarly situated persons that they are entitled to the benefit effective from the date on which they become eligible. That judgment was followed in respect of another employees who had filed WP(c).No.22761/07, which was disposed of by Ext.P9 judgment. 3. Having regard to the fact that the petitioner is similarly situated, he is also entitled to get the benefit from 11.1.98, the date on which he become eligible for the time bound higher grade. Accordingly, this writ petition is disposed of directing that the revised pension payment orders shall be issued to the petitioner reckoning the scale of pay ordered as per Ext.P1 with effect from 1.11.1998. Consequential benefits shall also be disbursed. (ANTONY DOMINIC) vi JUDGE WPC.No.1438 /2010 :2 : vi/