IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 37880 of 2008(H) ------------------------------------------ PETITIONER(S): -------------------------- PURUSHOTHAMAN, KARTHIKA, EZHUPUNNA, ALLEPPEY DISTRICT, RETIRED AS SENIOR SUPERINTENDENT, ELECTRICAL SECTION, AROOR. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): ----------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, K.S.E.B VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRM), K.S.E.B VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY ADV.MR. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37880/2008 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PORTION OF THE MEMORANDUM OF SETTLEMENT. P2: COPY OF THE BOARD ORDER DTD. 12/11/1991. P3: COPY OF THE JUDGMENT IN O.P.NO.14367/92 DTD. 5/06/98. P4: COPY OF THE JUDGMENT IN O.P.NO.2357/92 DTD. 19/11/93. P5: COPY OF THE REPRESENTATION. P6: COPY OF THE JUDGMENT IN WPC.NO.15670/2004. P7: COPY OF THE BOARD ORDER DTD. 29/10/2004. P8: COPY OF THE COMMUNICATION BY THE BOARD TO A SIMILARLY POSITIONED EMPLOYEE DTD. 16/10/2006. P9: COPY OF THE BOARD DTD. 4/10/2008. P10: COPY OF THE JUDGMENT CONTEMPT CASE 1069/2008. RESPONDENT'S ANNEXURE: ANNEXURE R1(A): COPY OF THE PROCEEDINGS DTD. 19/10/2004. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.37880 of 2008 -------------------------------------- Dated 12th June, 2009 JUDGMENT Heard Smt.P.K.Radhika, the learned counsel appearing for the petitioner and Sri.Ashok M.Cheriyan, the learned Standing Counsel appearing for the Kerala State Electricity Board. 2. The petitioner entered service in the Kerala State Electricity Board as Junior Assistant on 3.5.1976. He was thereafter appointed as Assistant Store Keeper on 7.2.1980 pursuant to a notification issued by the Board inviting applications from among in- service candidates for appointment as Assistant Store Keeper. The scale of pay of Assistant Store Keeper was later revised to Rs.1025- 2040. After the petitioner completed 10 years of service in the category of Assistant Store Keeper, he was given time bound higher grade promotion in the scale of pay of Rs.1250-2540, the scale of pay of Store Keeper Grade II with effect from 7.2.1990. While matters stood thus, the Board and its employees entered into Ext.P1 settlement as per which, it was decided to integrate the post of Assistant Store Keeper with the post of Senior Assistant. The post of Senior Assistant carried the scale of pay of only Rs.1140-2340. Ext.P1 agreement came into effect on 1.4.1990. As a result of the WP(C).No.37880/2008 2 settlement, the scale of pay of the petitioner who was then working as Assistant Store Keeper which post was integrated with that of Senior Assistant stood reduced from Rs.1250-2540 to Rs.1140-2340. Some of the persons who were similarly placed had earlier moved this Court and by Exts.P3 and P4 judgments this Court held that they should be integrated with a post carrying the scale of pay which they were drawing. Claiming that benefit the petitioner moved the Kerala State Electricity Board. In that representation he prayed that the post of Assistant Store Keeper may be integrated with the post of Junior Superintendent which carried the scale of pay of Rs.1360-2740. That request was rejected by the Board in Ext.P9 letter dated 4.10.2008. Ext.P9 is under challenge in this writ petition. The Board has in Ext.P9 taken the stand that Assistant Store Keeper is entitled only to be integrated with Senior Assistant and that the petitioner is not entitled for integration as Junior Superintendent. This Court has in Ext.P4 judgment to which the Board is a party held that the settlement should not result in reduction of emoluments and that the Board should take note of the salary drawn by the employees while giving effect to the settlement. Though the Board filed W.A.No.587 of 1994 challenging Ext.P4 judgment, the judgment of the learned Single Judge was WP(C).No.37880/2008 3 upheld with the rider that persons claiming such integration should possess the qualifications for the post. 3. In the instant case, the pleadings disclose that as on 1.4.1990 the petitioner was drawing salary in the scale of pay of Rs.1250-2540. By Ext.P1 the post of Assistant Store Keeper was integrated with Senior Assistant which carried the scale of pay of Rs.1140-2340. In the light of the authoritative pronouncement of this Court in Ext.P4 judgment and W.A.No.587 of 1994 the petitioner was entitled to be integrated with the category of Junior Superintendent which carried the scale of pay of Rs.1360-2740. The petitioner was admittedly qualified to hold the post of Junior Superintendent. Therefore, the stand taken by the respondents in Ext.P9 cannot be sustained. In the result, this writ petition is allowed, Ext.P9 to the extent it denies the petitioner integration in the category of Junior Superintendent with effect from 1.4.1990 is quashed and the respondents are directed to issue orders integrating the petitioner in the category of Junior Superintendent in the scale of pay of Rs.1360- 2740 with effect from 1.4.1990. Needless to say the petitioner will be entitled to the benefit of periodical pay revisions. Necessary orders in WP(C).No.37880/2008 4 that regard shall be issued and retirement benefits refixed and arrears disbursed, within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary, Kerala State Electricity Board. If the petitioner has any other subsisting grievance, he may move the Board seeking redressal of the same. P.N.RAVINDRAN Judge TKS