IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 24933 of 2005(R) --------------------------------------- PETITIONER: ------------------- G.KRISHNANKUTTY NAIR. S/O.LATE GOPALA PILLAI, PUTHUMANA HOUSE, PERINGARA P.O., TIRUVALLA-689 108, RETIRED WATCHMAN, SIDCO. BY ADV. SRI.C.S.GOPALAKRISHNAN NAIR. RESPONDENTS: ------------------------ 1. KERALA STATE SMALL INDUSTRIAL DEVELOPMENNT CORPORATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE MANAGER, RAW MATERIAL DEPOT, KERALA STATE SMALL INDUSTRIAL DEVELOPMENNT CORPORATION LTD., TIRUVALLA. *ADDL. R3. IMPLEADED: 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM. *ADDL. R3 IMPLEADED AS THE ORDER DT. 17/11/05 IN I.A. 16659/05. R1 & R2 BY ADV. SRI.R.T. PRADEEP, SC, SIDCO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24933/2005-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER NO. PER (1)/29009/78 DT. 14.09.1983 ISSUED BY THE R.1. EXT.P.2: COPY OF THE PROCEEDINGS DT. 30/09/1998 OF THE R.2. EXT.P.3: COPY OF THE CIRCULAR NO. PER (3)/24001/98 DT. 15/05/2000 ISSUED BY THE R.1. EXT.P.4: COPY OF THE GO.(P).NO.3000/98/FIN. DT. 25/11/1998. EXT.P.5: COPY OF THE G.O.(MS).NO.66/2000/ID. DT. 08/05/2000. EXT.P.6: COPY OF THE DECLARATION. EXT.P.7: COPY OF THE REPRESENTATION DT. 23/11/2004. EXT.P.8: COPY OF THE JUDGMENT DT. 21/06/2005 IN W.P.(C).NO.16673/2005. EXT.P.9: COPY OF THE LETTER NO. PER (3)/7249/2005 DT. 27/07/2005 ISSUED BY THE R.1. EXT.P.10: COPY OF THE LETTER NO. 7621/F2/95/ID DT. 28/10/1995 ISSUED BY THE R.3. RESPONDENTS' ANNEXURES: ANNEXURE I: COPY OF THE PROCEEDINGS PER (2) 22651/84 DTD. 11/03/1985 ISSUED BY SIDCO. ANNEXURE II: COPY OF THE PROCEEDINGS NO. PER (3) 26128/90 DTD. 17/12/1991 ISSUED BY SIDCO. ANNEXURE III: COPY OF THE LETTER NO. 7621/F2/ID OF GOVERNMENT OF KERALA DTD. 28/10/1995. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24933 of 2005 (R) --------------------------------- Dated, this the 10th day of June, 2010 J U D G M E N T After rendering more than 15 years of service in the Army, the petitioner was discharged from service. Thereafter he joined SIDCO as a Watchman with effect from 27/09/1983 and on attaining the age of superannuation he retired from service on 30/09/1998. According to the petitioner, having completed total service of more than 30 years, he is entitled to get the 4th time bound higher grade provided for in Ext.P4 Government Order dated 25/11/1998, which was implemented by the SIDCO as per Ext.P3 order dated 15/05/2000. This claim was not allowed and therefore, the writ petition is filed. 2. Clause 5(b)(1) of Ext.P4 reads as under:- “5(b) Time bound higher grade promotion scheme:- (1) The existing time bound higher grade promotion Scheme and the grades to be assigned on revision of pay scales under the Scheme, will be modified as specified in the Table I and II given below with effect from the date of order. (emphasis supplied)” From this, it is obvious that the modified time bound higher grade WP(C) No.24933/2005 -2- as contained in Ext.P4 order is implemented with effect from the date of the order, namely, 25/11/1998. The petitioner having retired from service prior to 25/11/1998, he could not have claimed the benefit of the 4th time bound higher grade introduced by Ext.P4. On this ground itself, the petitioner cannot claim the benefit. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg