IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 34120 of 2009(H) -------------------------- PETITIONER(S): --------------- G.SASIDHARAN NAIR, PERMANENT LABOURER,COCONUT NURSERY, KAZHAKUTTOM,THIRUVANANTHAPURAM, RESIDING AT:MADATHIL VEEDU,VETTU ROAD, KANIYAPURAM P.O.,THIRUVANANTHAPURAM-695 301. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.LEENA MURALI RESPONDENT(S): --------------- 1. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, VIKAS BHAVAN,THIRUVANANTHAPURAM. 2. THE PRINCIPAL AGRICULTURAL OFFICER, THIRUVANANTHAPURAM. 3. THE AGRICULTURAL OFFICER, COCONUT NURSERY,KAZHAKOOTTAM, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL (FARMS) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34120/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of November, 2009 J U D G M E N T The petitioner is presently working as permanent labourer in the Coconut Nursery at Kazhakuttom, Thiruvananthapuram. He entered service as casual labourer in the Coconut Nursery on 22/07/1978. Subsequently, permanent vacancies arose and seniority list of casual labourers was prepared. The petitioner was placed as senior-most and one Shri V.Ramasippu Achari was placed as third in the said list. Thereafter, by Ext.P1, the petitioner and four others were made permanent and scale of pay was fixed as per Ext.P2. 2. The main prayer in the writ petition is to grant a declaration that in view of Ext.P5 Government Order and on completion of 23 years of service as permanent labourer, the petitioner is entitled to opt 01/03/2003 as the date for receiving the third higher grade promotion. 3. He was granted the first higher grade on completion of 10 years of service. Accordingly, by Ext.P3 he was given the benefit in the scale of pay of Rs.750-10- 760-15-805-20-925-25-1025 with effect from 01/01/1989 and the date of grant of time bound higher grade was later refixed as 01/01/1990. Ext.P4 is the scheme whereby W.P.(C). No.34120/2009 -:2:- revised scale of pay for each of the three time bound grade promotions that is to be granted to the permanent labourers on completion of 10 years, 20 years and 25 years of service was introduced. Subsequent revision and amendments were also made by the Government as per Exts.P5 and P6. The stand taken by the petitioner is that in the light of Exts.P5 and P6, the petitioner is eligible for 18 years higher grade promotion only on 01/11/1998 even though he had completed 18 years on 01/01/1997. Accordingly, the same was granted in the scale of pay of Rs.2750-70-3800-75- 4400 with effect from 01/11/1998. The petitioner completed 23 years of service on 01/01/2003. Certain anomalies occurred in the pay fixation which compelled him to move Ext.P8 representation. It is prayed that the said representation may be directed to be disposed of within a time frame as otherwise, the petitioner will be put to severe difficulties in regard to the fixation of pay. 4. Heard the learned Government Pleader appearing for the respondents. There will be a direction to the first respondent to take a decision on Ext.P8 within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms