IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 6659 of 2004(P) ------------------------------------- PETITIONER: ------------------- M.RAJENDRAN PILLAI, S/O.N/MADHAVAN PILLAI, AGED 49 YEARS, METER INSPECTOR, P.H.SUB DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA RESIDING AT KADAPPANA SREENILAYAM, KAKKANAD P.O. KOCHI. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENTS: ------------------------ 1. KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM -695 033. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE RESIDENT AUDIT OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. 4. THE ASSISTANT EXECUTIVE ENGINEER, P.H.SUB DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. R1 TO R4 BY MR.J.KRISHNA KUMAR, S.C, K.W.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6659/2004-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(RT).NO.4338/88/LAD DTD. 29/12/1988 OF THE GOVERNMENT OF KERALA, LOCAL ADMINISTRATION (F) DEPARTMENT. EXT.P.2: COPY OF THE COMMUNICATION NO. 741/B3/97/IR.D. DTD. 14/08/1998 FROM THE SECRETARY TO GOVERNMENT TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE LETTER NO. KWA/JB/E1/17492/96 DTD. 14/10/1996 OF THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. EXT.P.4: COPY OF THE LETTER NO. RAO/KWA/II/PF/110 DTD. 28/08/2003 FROM THE RESIDENT AUDIT OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM TO THE EXECUTIVE ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. EXT.P.5: COPY OF THE REPRESENTATION DTD. NIL.8.2003 FROM THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, P.H. SUB DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. EXT.P.6: COPY OF THE LETTER NO. A3.2165/99 DTD. 10/11/2003 FROM THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA TO THE RESIDENT AUDIT OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. EXT.P.7: COPY OF THE COMMUNICATION NO. RAO/KWA/II/PFR/ALPY/213 DTD. 08/01/2004 FROM THE RESIDENT AUDIT OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM TO THE EXECUTIVE ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. EXT.P.8: COPY OF THE COMMUNICATION NO. AB1-924/97 DTD. NIL. 02/2004 FROM THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA TO THE PETITIONER. EXT.P.9: COPY OF THE G.O.(RT).NO.753/99/IRD DTD. 14/06/1999 OF THE GOVERNMENT OF KERALA IRRIGATION (WATER SUPPLY B) DEPARTMENT. EXT.P.10: COPY OF THE COMMUNICATION NO.4050/E5/2000/JB/KWA DTD. 05/04/2000 OF THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6659 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010 J U D G M E N T Petitioner joined service of the Kerala Water Authority as a Meter Reader on 12.01.1978. After completion of 10 years of service on 12.01.1988 he was given first time bound higher grade in the scale of pay of Rs.780-1,320/- (revised to Rs.1,000-1,710/-). After 18 years of service he was given the 2nd higher grade of Rs.1,050 – 2000/- (revised to Rs.1,760-3,050/-) on 12.01.1996. On 12.12.1997 he was promoted as Meter Inspector in the scale of pay of Rs.1,760-3,050/-. After 23 years of service on 12.01.2001 he was given the 3rd higher grade in the scale of pay of Rs.6,935-11,460/-. Subsequently by Ext.P4 audit objection of the Accountant General the 3rd higher grade of the petitioner was directed to be revised in the scale of pay of Rs.5,635-9,660/-, on the ground that there is no promotion post for Senior Meter Inspector in the scale of pay of W.P.(C)No. 6659 of 2004 -2- Rs.6,935-11,460/- and for the petitioner's basic scale of pay the intermediate 3rd higher grade scale of pay is Rs.5,635-9,660/-. Petitioner filed representation against the same. By Ext.P7 the Accountant General clarified that the petitioner is entitled to only scale of pay of Rs.5,635-9,135/-. Pursuant thereto Ext.P8 order has been passed by the 4th respondent holding that the petitioner is not eligible for getting the 3rd time bound higher grade for promotion in the post of Meter Reader on completion of 23 years of service, in the scale of pay of Rs.6,935-11,460/-. It is under the above circumstances the petitioner filed this writ petition seeking the following reliefs: i) call for the records leading to the issuance of Ext.P7 and P8 and issue a writ of certiorari quashing the same; ii) issue a writ of mandamus or other appropriate writ, order or direction declaring that the 2nd time bound higher grade given to the petitioner on 12.1.1996 on completion of 18 years of service in the scale of Rs.1,760 - 3,050/- and the 3rd higher grade granted on 12.1.2001 on completion of 23 years of service in the scale of Rs.6,935 - 11,460/- is strictly in accordance with law and not liable to be revised. iii) issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case. W.P.(C)No. 6659 of 2004 -3- 2. According to the petitioner, Ext.P8 is clearly unsustainable in so far as for the purpose of 3rd higher grade what is relevant is the total service put in by an employee in the entry post and the 1st promotion post taken together. Therefore simply because the petitioner had one promotion in the post of Meter Inspector, he does not cease to be entitled to the 3rd higher grade is his contention. 3. A counter affidavit has been filed by the respondents. The counter affidavit is not available in the file. The counsel for the respondents hands over a copy of the counter affidavit stated to have been filed and I am basing my conclusions on the basis of the copy so handed over, in paragraph 4 of which, it is stated thus: “The petitioner is eligible for the third time bound higher grade on completion of 23 years of service with effect from 12/01/01. The scale of pay eligible for the 3rd time bound higher grade is Rs.6585-10810 (the scale of pay next above that of Rs.5635- 9135 in the standard scale of pay). But the petitioner was being paid the scale of pay of Rs.6935-11460, the scale of pay equal to that to the next promotion post. As there is no promotion for meter inspector, the petitioner is not entitled to get the scale of pay of the next promotion post. The Resident Audit Officer vide Ext.P4 objected the sanctioning of higher scale of pay and directed to rectify the erroneous pay fixation W.P.(C)No. 6659 of 2004 -4- and to re-fix the pay and allowances and to recover the excess amount already drawn by the petitioner.” 4. Therefore the respondents themselves admit in their counter affidavit that the petitioner is entitled to the 3rd time bound higher grade in the scale of pay of Rs.6,585-10,810/-. That being so, the only question to be considered in this writ petition as to whether the petitioner is entitled to 3rd higher grade promotion in the scale of pay of Rs.6,935-11,460/- or Rs.6,585-10,810/-. The petitioner could not satisfy me that the 3rd higher grade applicable to the petitioner is in the scale of pay of Rs.6,935-11,460/-. It appears that this is the scale of pay applicable to the post of Assistant Engineer. According to the petitioner since the petitioner had the qualifications prescribed for the post of Assistant Engineer, he is entitled to the scale of pay applicable to the post of Assistant Engineer as the 3rd time bound higher grade scale of pay. Therefore I specifically asked a question to the counsel for the petitioner as to whether the post of Meter Inspector is a feeder post for W.P.(C)No. 6659 of 2004 -5- promotion to the post of Assistant Engineer. The counsel for the petitioner candidly admits that the post of Meter Inspector is not a feeder category for promotion to the post of Assistant Engineer. As per the rules for time bound higher grade promotions an employee would be entitled to higher grade in the scale of pay applicable to the next promotion post, only if there is a promotion post available for the employee and he is qualified to be promoted to that post. Here, admittedly the post of Assistant Engineer is not a promotion post for Meter Inspector. Therefore the petitioner is not entitled to the 3rd higher grade in the scale of pay applicable to Assistant Engineers, namely Rs.6,935-11,460/-. Then the only question that remains is as to whether the petitioner is entitled to the scale of pay of Rs.6,585-10,810/- as the 3rd higher grade scale of pay. I need not look further than the counter affidavit of the respondents to hold in favour of the petitioner. In the counter affidavit it is specifically admitted that the 3rd time bound higher grade scale of pay applicable to the petitioner W.P.(C)No. 6659 of 2004 -6- is Rs.6,585-10,810/-. The eligibility of the petitioner for the 3rd higher grade is not disputed also. Accordingly the impugned orders are quashed and it is declared that the scale of pay applicable to the petitioner's 3rd higher grade promotion is Rs.6,585-10,810/-. Appropriate revised orders computing the amounts to be recovered from the petitioner on that basis shall be issued as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/