IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21435 of 2010(D) -------------------------- PETITIONER(S): --------------- LOHITHAN.V., S/O.LATE VISWAMBHARAN.A, UPPER DIVISION CLERK, BLOCK DEVELOPMENT OFFICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT. RESIDING AT "THATHWAMASI", CHANDIRATHUVADA, KADAKOM.P.O, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPT.OF LOCAL SELF GOVERNMENT (ERI), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF RURAL DEVELOPMENT COMMISSIONERATE OF RURAL DEVELOPMENT, LMS COMPOUND, THIRUVANANTHAPURAM. 3. THE BLOCK DEVELOPMENT OFFICER, BLOCK DEVELOPMENT OFFICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21435 of 2010 (D) --------------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T By Ext.P1 order dated 14/02/1996, the petitioner was advised for appointment as Lower Division Clerk in the Rural Development Department. By Ext.P2 order, he was assigned seniority at Serial No.152 A. He was thereafter promoted as UD Clerk. Subsequently, by Ext.P3 order dated 22/04/2009, he was given notional promotion with effect from 06/03/1998 without any monetary benefit whatsoever. 2. In this writ petition, what the petitioner claims is that he is entitled to first time bound higher grade with effect from 06/03/2006, when he completed 8 years of service as UD Clerk. He claimed the benefit, and that was rejected by Exts.P8 & P9. It is in these circumstances, this writ petition has been filed. 3. Learned counsel for the petitioner contends that although Rule 23(c) of Part-I, KSR, was omitted as per Ext.P4, in view of the clarification as contained in Exts.P5 & P6 he is entitled to WP(C) No.21435/2010 -2- the benefit claimed. He also submits that even though in Exts.P8 & P9, reliance is placed on Exts.P10 & P11, it is contended that having regard to Exts.P4 & P5, Exts.P10 & P11 are irrelevant. Irrespective of the contends of Exts.P4 & P5, it is seen from Ext.P6 that the same was issued in clarification of Exts.P4 & P5. Insofar as the grant of time bound higher grade is concerned, in Ext.P6, it has been clarified thus:- “The omission of Rule 23(c) Part I Kerala Service Rules and subsequent restoration of eligibility for arrears as per GO(P) 83/07/Fin dated 1/3/07 and GO(P) 515/07/Fin dated 19/10/07 respectively are not applicable to Time Bound Higher Grade promotions of Government employees and Teachers, to placements granted to teachers coming under UGC/AICTE schemes, and Judicial Officers covered by GO(MS) 231/01/Home dated 12/12/01.” Therefore, from Ext.P6 it is clear that with the omission of Rule 23(c) of Part-I, KSR, the period of notional promotion of Government Employees will not be counted for time bound higher grade. Evidently, therefore, the impugned orders cannot be interfered with. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg