IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 23179 of 2007(H) ----------------------------------------- PETITIONER(S): ------------------------ J. RAMACHANDRAN, U.D. TYPIST, OFFICE OF THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. BY ADVS. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION,THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.23179/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.E1 630/84 DTD. 21.5.1984. P2:- COPY OF THE G.O.(RT) NO.454/95/IRRN. DTD. 29.4.1995. P3:- COPY OF THE ORDER NO.B5 5329/94 DTD. 13.10.1995 OF THE 2ND RESPONDENT. P4:- COPY OF THE LETTER NO.17272/A2/96/IRRN. DTD. 14.4.1997 OF THE IST RESPONDENT. P5:- COPY OF THE ORDER DTD. 16.8.2000 OF THE 2ND RESPONDENT. P6:- COPY OF THE ORDER NO.B5-4814/2002 DT.D 17.2.2003 OF THE 2ND RESPONDENT. P7:- COPY OF THE ORDER NO.IC4 29565/2000 DTD. 31.12.2004. P7(a):- EXTRACT OF FINAL SENIORITY LIST OF L.D.TYPIST AS ON 1.4.1990. P8:- COPY OF THE ORDER NO.B5-18063/93 DTD. 31.5.1995 OF THE 2ND RESPONDENT. P9:- COPY OF THE ORDER NO.E5-29884/96 DTD. 31.1.2000 OF THE 2ND RESPONDENT. P10:- COPY OF THE PROCEEDINGS DTD.30.10.2006 OF 2ND RESPONDENT. P10(a):- COPY OF THE PAGES 1 &5 OF PROVISIONAL SENIORITY LIST OF SEL. GRADE TYPIST IN IRRIGATION DEPARTMENT. P11:- COPY OF THE REPRESENTATION DT. 30.6.2006 TO 2ND RESPONDENT. P12:- COPY OF THE REPRESENTATION 1.9.06 TO 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23179 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of July, 2011. J U D G M E N T The petitioner was selected and appointed on regular basis as L.D. Typist in Public Works Department on 25.1.1984, consequent to which he joined duty on 29.5.1984. Later, he got appointment through P.S.C as Livestock Inspector in Animal Husbandry Department and he was relieved from P.W.D on 16.11.1986 to take up that job in the Animal Husbandry Department, and he joined the Animal Husbandry Department on 17.1.1986. Later, he sought reversion to the parent department, namely, the PWD, which was granted and he rejoined the Irrigation Department on 20.10.1995. Subsequently, he completed probation in the Irrigation Department and he was promoted as U.D. Typist on 26.10.1997. The petitioner's grievance in this writ petition is two-fold. First is that the petitioner's juniors were promoted ahead of the petitioner and therefore since he is entitled to all benefits in the parent department as per his original seniority, he should be given promotion with effect from the date when his junior has been promoted. The second is that he is entitled to the first time bound higher grade on completion of 10 years on 29.5.1994, the 18 year higher grade taking into account the service in the entry post and the service in the promoted post on 29.5.2002 and the third higher grade after completing 27 years on 29.5.2007, which have not been sanctioned to him. 2. As far as the first prayer is concerned, the petitioner W.P(C) No. 23179 of 2007 -: 2 :- cannot raise this contention without impleading those juniors over whom the petitioner would get seniority if the writ petition is allowed. The petitioner has not impleaded those juniors in this writ petition. Without those juniors on record, the petitioner's contention in this regard cannot be considered. When this was pointed out to the learned counsel for the petitioner, learned counsel submits that the petitioner would be satisfied if his claim for time bound higher grades on the dates mentioned are considered insofar as the petitioner cannot now aspire for further promotion on the basis of seniority. Accordingly, that question alone is considered in this writ petition. 3. A counter affidavit has been filed by the respondents taking the contention that the petitioner is only entitled to the second higher grade on completion of 8 years' service in the first promoted post of U.D. Typist with effect from 26.10.1997 and corresponding 23 year higher grade. 4. I have considered the rival contentions in detail. 5. It is not disputed before me that the petitioner has got only one promotion as U.D. Typist on 26.10.1997. At the relevant time, the first time bound higher grade was to be sanctioned after completion of 10 years in the entry post. The petitioner's service has to be counted from the original appointment in the PWD with effect from 29.5.1984. If 10 years' service is counted from that date, the petitioner would complete 10 years on 29.5.1994. Since the petitioner's first promotion is in 1997 subsequent to W.P(C) No. 23179 of 2007 -: 3 :- 29.5.1994, he is entitled to first time bound higher grade with effect from 29.5.1994. Subsequently, since he got promotion with effect from 26.10.1997, the second higher grade has to be granted after completion of 18 years in the entry post and the first promoted post. That period would be completed on 29.5.2002. The petitioner has not received any further promotion. Therefore, he is entitled to 23 year higher grade on 29.5.2007. In view of the above position, I do not think that the contention of the respondents in this regard is sustainable. 6. Accordingly, I declare that the petitioner is entitled to the first time bound higher grade promotion with effect from 29.5.1994, 18 year time bound higher grade promotion on 29.5.2002 and the 23 year time bound higher grade promotion on 29.5.2007. Orders fixing pay of the petitioner in the three higher grades as above shall be passed and arrears of salary due to the petitioner on account of such fixation disbursed as expeditiously as possible, at any rate, within 3 months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ In the judgment dated 1.7.2011 the date “16.11.1986” occurring in line 6 of page 1 is corrected and substituted as “16.1.1986” and the figure and word “27 W.P(C) No. 23179 of 2007 -: 4 :- years” occurring in line 22 of page 1 (in the last but one line of paragraph 1) are corrected and substituted as “23 years”, as per order dated 21.7.2011 in I.A.11386/2011. Sd/- Registrar (Judicial)