IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 35793 of 2009(T) -------------------------------------- PETITIONERS: ---------------------- 1. V.P.GANGADHARAN, THIRD GRADE OVERSEER, P.W.D.BUILDINGS SECTION, PONNANI, MALAPPURAM DISTRICT. 2. C.S.BALAKRISHNAN, THIRD GRADE OVERSEER, P.W.D.ROADS SECTION, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 3. RAVEENDRAN KANNOTH, THIRD GRADE OVERSEER, P.W.D.ROADS SECTION, THALIPARAMBA, KANNUR DISTRICT. 4. MATHEW M.VATTAMALA, THIRD GRADE OVERSEER, P.W.D.INVESTIGATION AND PLANNING (ROADS) SECTION NO.III, KOTTAYAM. 5. C.S.SURESH BABU, THIRD GRADE OVERSEER, MINOR IRRIGATION SECTION, PALA, KOTTAYAM DISTRICT. 6. SHEELA VARGHESE, SECOND GRADE DRAFTSMAN, P.W.D.ROADS DIVISION, PALAKKAD. 7. SALU K.ABRAHAM, FIRST GRADE DEFAFTSMAN, IRRIGATION SUB DIVISION NO.9, RAMAMANGALAM P.O., KOLENCHERRY, ERNAKULAM DISTRICT. 8. VANAJA T.K., FIRST GRADE DRAFTSMAN, IDAMALAYAR IRRIGATION PROJECT DIVISION NO.III, CHALAKUDY, THRISSUR DISTRICT. 9. T.R.THILAKAN, FIRST GRADE OVERSEER, ARYAD BLOCK OFFICE, ALAPPUZHA DISTRICT. W.P.(C). NO.35793/2009-T: 10. KERALA ENGIEERING STAFF ASSOCIATION, REP. BY ITS GENERAL SECRETARY, H.SIDHIK, FIRST GRADE OVERSEER, SIRUVANI PROJECT CIRCLE, CHUNNAMBUTHARA, PALAKKAD-12. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 5. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SRI. ANTONY MUKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35793/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. EB5-14816/07 DTD. 08/05/2009. EXT.P.2: COPY OF THE ORDER NO. EB5-13115/08 DTD. 26/08/2009. EXT.P.3: COPY OF THE ORDER NO. EB5-6032/08 DTD. 18/11/2009. EXT.P.4: COPY OF THE ORDER NO. EB5/22856/07 DTD. 15/09/2009. EXT.P.5: COPY OF THE ORDER NO. A6/21153/07 DTD. 10/09/2008. EXT.P.6: COPY OF THE ORDER NO. EB4(A)/9570/06 DTD. 02/11/2007. EXT.P.7: COPY OF THE ORDER NO. E1-605/06 DTD. 22/01/2008. EXT.P.8: COPY OF THE ORDER NO. A4/7531/08 DTD. 05/04/2008. EXT.P.9: COPY OF THE LETTER E9/8500/08(1)/CE/LSGD DTD. 19/01/2009. EXT.P.10: COPY OF THE RELEVANT PAGES (PAGES 1 & 188) OF THE ORDER G.O.(P). NO.145/2006/FIN. DTD. 25/03/2006. EXT.P.11: COPY OF THE RELEVANT PAGES (PAGES 1, 25 & 26) OF THE ORDER G.O.(P). NO.145/2006/FIN. DTD. 25/03/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 35793 OF 2009 (T) ===================== Dated this the 9th day of July, 2010 J U D G M E N T The issue raised in this writ petition is regarding the validity of the cancellation of time bound higher grade granted to the petitioners. Petitioners are Third Grade Overseers, Second Grade Draftsman, First Grade Draftsman and First Grade Overseers in PWD, Irrigation and Local Self Government Department. They were granted third time bound higher grade in the scale of 11070 to 18450 applicable to Assistant Engineers. Subsequently that was cancelled and that led the petitioners to file this writ petition. 2. Similar issue at the instance of similarly situated persons was considered by this Court in a batch of writ petitions and those cases were disposed of by judgment dated 25th of May, 2010 in WP(C) No.29705/09 and connected cases. By the said judgment, this Court set aside the orders cancelling the time bound higher grades and directed that the benefits shall be extended to the petitioners with consequential benefits. Since the issue raised in this writ petition is thus covered by the aforesaid judgment in favour of the petitioners, this writ WPC No. 35793/09 :2 : petition is also disposed of setting aside the order cancelling the third time bound higher grade granted to the petitioners and it is also directed that consequential benefits shall also be disbursed within two months. ANTONY DOMINIC, JUDGE Rp