IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 18664 of 2000(V) ---------------------------------- PETITIONERS: --------------------- 1. M.K. SREEDHARAN, SUPERVISOR (RTD.), KERALA MUSEUM AND ZOO DEPARTMENT, NOW RESIDING AT MULLASSERI HOUSE, VELLANIKKARA, THRISSUR - 680 654. 2. T. ANIYAN, GARDENER (RTD.), KERALA MUSEUM AND ZOO DEPARTMENT, NOW RESIDING AT THEYAMCHERI HOUSE, P.O. NETTISSERY, THRISSUR. BY ADV. SRI.K.P.DANDAPANI. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 31011/2000 IN O.P. NO. 18664/2000-V DISMISSED 08/02/2008. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE GOVERNMENT ORDER G.O. (P). NO. 899/98/(155)/FIN. DTD. 10/03/1998 OF THE RESPONDENT. EXT.P.2: COPY OF THE REPRESENTATION DTD. 15/06/98 SUBMITTED BY THE P.1. BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P.3: COPY OF THE INTIMATION RECEIVED BY THE P.1. FROM THE PRIVATE SECRETARY OF THE HONOURABLE CHIEF MINISTER, KERALA, VIDE. NO. 16245/C.M./98 DT. 24/06/98. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. BEFORE THE RESPONDENT ON 26/11/1999. EXT.P.5: COPY OF THE COMMUNICATION DT. 26/02/2000 ISSUED TO THE P.1. EXT.P.6: COPY OF THE GOVERNMENT ORDER G.O. (P). NO. 99/86/(18)/FIN. DT. 24/01/86. EXT.P.7: COPY OF THE COMMUNICATIONS DT. 04/04/2000 ISSUED TO THE P.1. BY THE SUPERINTENDENT, STATE MUSEUM & ZOO, THRISSUR. EXT.P.8: COPY OF THE COMMUNICATION DT. 04/04/2000 ISSUED TO THE P.2. BY THE SUPERINTENDENT, STATE MUSEUM & ZOO, THRISSUR. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.18664 OF 2000-V -------------------------------------------------------------- Dated this the 8th day of February, 2008. JUDGMENT The petitioners retired from service on 30.6.1997 and 31.5.1999 respectively. At the time of retirement, the 1st petitioner was working as Supervisor and the 2nd petitioner was working as Gardner in the Museum and Zoo Department. It is not in dispute that they were last grade employees in the Kerala Museum and Zoo Department and continued in service till they attained the age of 60 years. 2. Pursuant to the pay revision effected by G.O.(P) No.600/1993/Fin dated 25.9.1993 as amended by G.O.(P) No.930/93/Finance dated 8.12.1993, the petitioners were given the third time bound higher grade promotion on completion of 25 years of service in the scale of pay of Rs.1050-1660. 3. After the 1st petitioner retired from service and while the 2nd petitioner was in service, the State Government issued Ext.P1 Government Order dated 10.3.1998 sanctioning 4th time bound OP.NO.18664/2000 . 2 higher grade in the scale of pay of Rs. 1050-1660 to the last grade employees in Government service on completion of 30 years of service. Ext.P1 states that the order will take effect from 1.3.1992 and monetary benefits will be paid from 1.4.1995. Shortly after Ext.P1 was issued, the 1st petitioner filed Ext.P2 representation dated 15.6.1998 claiming 4th time bound higher grade promotion on completion of 30 years of service in the scale of pay of Rs.1125- 1720 (revised with effect from 1.3.1997 as Rs. 3350-5400) with effect from 1.3.1992 and to disburse monetary benefits in terms of Ext.P1. The 2nd respondent filed Ext.P4 representation dated 26.11.1999 claiming similar benefits. They also filed O.P.No.30900 of 1999 in this Court. By judgment delivered on 9.2.1991 this Court directed the respondents to consider and pass orders on Exts.P2 and P4. Thereafter by Ext.P5 letter dated 26.2.2000 the State Government informed the petitioners that as the 4th higher grade sanctioned as per Ext.P1 is in the scale of Rs. 1050 - 1660 the petitioners' request for 4th time bound higher grade in the scale of pay of Rs. 1125-1720 cannot be considered. Ext.P5 is under challenge in this original petition. The petitioners have also prayed for a declaration that they are entitled to 4th time bound higher grade promotion on completion of 30 years service in the scale of OP.NO.18664/2000 . 3 pay of Rs. 1125-1720 (revised with effect from 1.3.1997 as Rs. 3350 - 5400) with effect from 1.3.1992 and payment of monetary benefits in terms of Ext.P1. The petitioners have also prayed for a direction to the respondents to disburse the monetary benefits after granting them fourth time bound higher grade promotion on completion of 30 years service and for refixing their pensionary benefits. 4. I have heard Sri. K.P.Dandapani, learned Senior Counsel appearing for the petitioners and Sri.K. Sandesh Raja, the learned Government Pleader appearing for the respondents. The learned counsel for the petitioners submitted that Ext.P1 was issued to give 4th time bound higher grade promotion to all last grade servants in the service of the State Government who have completed 30 years of service and that Ext.P5 runs counter to the said proposal. The learned counsel submitted that the purpose and intent underlying Ext.P1 was to give fourth time bound higher grade promotion to all last grade servants who have completed 30 years and mere mentioning of a scale of pay therein cannot deprive the petitioners of that benefit. Sri. K. Sandesh Raja, the learned Government Pleader appearing for the respondents on the other hand OP.NO.18664/2000 . 4 contended that Ext.P1 was a concession extended to last grade servants and that it was confined to those last grade employees who were placed in a scale of pay below Rs. 1050 - 1650 even after their pay was revised with effect from 1.3.1992. 5. I have considered the rival contentions. The petitioners were admittedly granted 3rd time bound higher grade on completion of 25 years of service in the scale of pay of Rs.1125-1720 in terms of G.O(P)600/93/Fin dated 25.9.1993 as modified by G.O.(P) 930/93/Finance dated 8.12.1993. The request of the petitioners in Exts.P2 and P4 was to grant them 4th time bound higher grade promotion on completion of 30 years of service in the scale of pay of Rs. 1125-1720 which was revised with effect from 1.3.1997 to Rs.3350-5400. In my opinion, the claim made by the petitioners in Exts.P2 and P4 is not tenable. Ext.P1 does not entitle them to claim 4th time bound higher grade promotion on completion of 30 years of service in the scale of pay of Rs. 1125-1720 (revised with effect from 1.3.1997 to Rs. 3350-5400). The petitioners were given third time bound higher grade promotion in terms of the 1992 pay revision in the scale of pay of Rs.1125-1720. Therefore Ext.P1 does not govern their case. In that view of the matter, the claim made OP.NO.18664/2000 . 5 by the petitioners in this original petition is plainly untenable. I therefore hold that there is no merit in the original petition. The original petition fails and it is accordingly dismissed. No costs. P.N. RAVINDRAN, JUDGE. cl OP.NO.18664/2000 . 6 P.N. RAVINDRAN, J. O.P.NO.18664 OF 2000-V JUDGMENT 8th February, 2008.