IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE ACTING CHIEF JUSTICE MR. C.N.RAMACHANDRAN NAIR & THE HONOURABLEMR. JUSTICE P.S.GOPINATHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WA.No. 1450 OF 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.33386/2005 Dated 03/08/2011 .................... APPELLANT/ PETITIONER IN W.P(C) ---------------------------------- T.G.MOHANAN, VEHICLE SUPERVISOR, LDV (RTD.), COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, RESIDING AT THYKKOOTTATHIL HOUSE, MOSCOW ROAD, P.O ANCHERY, TRICHUR DIST. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS: RESPONDENTS IN THE WP(C) --------------------------------------- 1. THE ADMINISTRATIVE OFFICER, KERLA AGRICULTURAL UNIVERSITY, COLLEGE OF VETERINARY AND ANIMAL SCIENCES,MANNUTHY THRICHUR DIST.680 651. 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR DIST. 680 651. 3. THE REGISTRAR OF KERALA AGRICULTURAL UNIVERSITY, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR DIST.-680651 4. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERLA AGRICULTURAL UNIVERSITY, VELLANIKKARA 680 654. GOVERNMENT PLEADER SMT. K. MEERA. S.C. SRI. K.P. MUJEEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON 17.10.2011, DELIVERED THE FOLLOWING: W.A. NO. 1450/2011 APPENDIX ANNEXURES: ANNEXURE-I TRUE COPY OF THE RELEVANT PORTION OF THE G.O.(P) NO. 515/85/FIN. DATED 16.9.1985. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR Ag. C.J. & P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. NO. 1450 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 17th DAY OF OCTOBER, 2011. J U D G M E N T P.S. Gopinathan, J. Appellant is the writ petitioner. He was appointed as a driver in the Kerala Agricultural University, of which the first respondent is the administrator, by Ext.P1 order dated 15.10.1975 and he joined duty on 21.10.1975. With effect from 20.12.1982, he was promoted as driver Grade-I. Again, from 1.12.1985, he was granted ten years time bound higher grade. Second time bound grade was granted on 1.3.1994. With effect from 1.2.2003, he was promoted as vehicle supervisor from which post he retired on 31.5.2004 on superannuation. While processing the pension papers, the respondents noticed that since the appellant was given regular promotion as Grade I with effect from 20.12.1982, he is not entitled to first ten years time bound higher grade promotion. Consequently, his salary was re-fixed. On calculation it was noticed that a sum of Rs. 59,261/- was drawn as excess salary. Consequently, the respondents issued notice for recovery of the said amount from the DCRG of the appellant in addition to the re-fixation of the salary and pension. Aggrieved by the said order, he W.A. 1450/2011 2 filed the writ petition. 2. Learned Single Judge, by judgment dated 3.8.2011, found that as contended by the respondents, the appellant is not entitled to the first ten years time bound higher grade promotion as he had already obtained a promotion as Driver Grade I before completion of ten years in service. Therefore, the learned Single Judge found that the respondents were justified in cancelling that grade and re-fixing the salary as well as pension. But it was found that ten years time bound higher grade was granted as a mistake by the authorities without the insistence of the appellant and that the respondents were too late to detect the same. Therefore, in view of the settled position, the learned Judge found that it is unjust to recover from his DCRG the excess amount paid after the lapse of long years. Therefore, the order to recover Rs. 59,261/- was set aside. At the same time, re- fixation of the salary and pension was sustained. As against the sustaining of re-fixation of salary and pension, this writ appeal was preferred. 3. We have heard Senior Advocate Sri. K.R. B. Kaimal, Government Pleader Smt. K. Meera as well as the standing counsel for the respondents. 4. The fact that before completion of ten years in service the appellant was granted Grade I promotion with effect from 20.12.1982 is not disputed. The ten years time bound higher grade promotion is intended to W.A. 1450/2011 3 those who have little chance for regular promotion. The Pay Commission had recommended for ten years time bound higher promotion only as an incentive to those employees who continue in service in the entry cadre itself without any promotion. Since the appellant had got a promotion before completing ten years, he is not entitled to a further ten years time bound higher grade. Learned Senior counsel appearing for the appellant could not point out any order by respondents or any recommendation of the Pay Commission which entitles ten years time bound higher grade promotion to those who have already obtained regular promotion within ten years. In the above circumstances, we find that the respondents had correctly, in rectification of the mistake, re-fixed the salary and pension. The learned Single Judge was right in declining to interfere with that order. We find no merit in the appeal. In the result, this appeal is dismissed. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-