IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WA.No.695 of 2008(E) --------------------------- AGAINST THE JUDGEMENT IN OP.12910/2003 Dated 21/01/2008 .................... APPELLANT: RESPONDENT IN OP: --------------------------------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT: PETITIONER IN OP: ---------------------------------------- S. RAJASEKHARAN NAIR, PEON, OFFICE OF THE DISTRICT TRANSPORT OFFICE, KSRTC, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SRI.N.SUGATHAN SM.M.HEMALATHA SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.695 of 2008 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J. Respondent/petitioner joined the service of appellant/K.S.R.T.C after a period of military service as a Peon Grade-II with effect from 21/04/1987. In view of the Government Orders accepted by the K.S.R.T.C last grade employees can continue in service up to the age of 60 years. It is not disputed that as per Ext.P2 Peon Grade-II comes within last grade servants for getting the benefit of 60 years of service. Respondent/petitioner submitted Ext.P3 undertaking to forgo further promotion and continue as Last Grade Servant till the age of 60. The question is whether he is entitled to get W. A. No.695 of 2008 -2- time bound higher grade after completion of 9 years of service on 21/04/96 in K.S.R.T.C leaving out the military service. The learned Single Judge found that even though an undertaking was given by the petitioner as per Ext.P3, he should be given higher grade after completion of nine years of service as granting higher grade to the petitioner is not a promotion. But the contention of the K.S.R.T.C is that as per Ext.P3 undertaking, he cannot be given grade promotions. Ext.P3 only states that he will forgo further promotion and will continue in the last grade till the age of 60. That means as per Ext.P3 he will continue in Grade-II though he will get higher grade on completion of 9 years of service and he will not get any usual W. A. No.695 of 2008 -3- regular promotion to Grade-I. Learned Single Judge found that even though he was getting the higher grade (salary equal to Grade-I), he remained in the Grade-II as a last grade employee and it is not equivalent to a promotion to Grade-I and therefore, merely because of Ext.P3 undertaking he cannot be denied the grade promotion on completion of 9 years of service. We agree with the views of the learned Single Judge. Writ Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-