IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 37120 of 2008(R) --------------------------------------- PETITIONER: ------------------- T.S.SUKUMARAN, JUNIOR SUPERINTENDENT, (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT JAYA NIKETHAN, TEMPLE ROAD, VARKALA. BY ADVS. MR.P.B.SURESH KUMAR, MR.LEO GEORGE, SMT.SANDHYA RADHAKRISHNAN. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY MR. ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009,ALONG WITH W.P.(C). NO. 37121 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37120/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PORTION OF THE MEMORANDUM OF SETTLEMENT DTD. NIL. EXT.P.2: COPY OF THE ORDER ISSUED BY THE BOARD DTD. 12/11/1991. EXT.P.3: COPY OF THE JUDGMENT IN O.P. NO. 14367/1992 OF THIS HONOURABLE COURT DTD. 05/06/1998. EXT.P.4: COPY OF THE JUDGMENT IN O.P. NO. 2357/1992 DTD. 19/11/1993. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.4915/2003 DTD. 08/06/2005. EXT.P.5.A: COPY OF THE ORDER ON I.A. NO. 9582/2005 IN W.P.(C).NO.4915/2003 DTD. 29/08/2005. EXT.P.6: COPY OF THE COMMUNICATION ISSUED TO SRI. V.K. KUTTAPPAN BY THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHANGANACHERRY DTD. 16/10/2006. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH THE R.2. DTD. 15/01/2008. EXT.P.8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.7039/2008 DTD. 29/02/2008. EXT.P.9: COPY OF THE ORDER PASSED BY THE R.2. DTD. 12/11/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 37120 & 37121 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of June, 2009 JUDGMENT Heard Sri. P.B. Suresh Kumar, the learned counsel appearing for the petitioners and Sri. Ashok M. Cherian, the learned standing counsel appearing for the Kerala State Electricity Board. Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) No. 37120 of 2008 entered service as Store Keeper Grade II. The scale of pay of Store Keeper Grade II was Rs. 1250-2540. On completion of ten years of service, the petitioner in W.P.(C) No. 37120 of 2008 was granted the first time bound higher grade promotion in the scale of pay Rs.1430-2840, the scale of pay of Store Keeper Grade-I. Later, on completion of 25 years of service, he was granted yet another grade promotion in the scale of pay of Rs.1800-3325, the scale of pay of Chief Store Keeper. While working as Junior Superintendent, he retired from service on 30-11-1990. 3. The petitioner in W.P.(C) No. 37121 of 2008 also entered service W.P.(C) No. 37120 & con.case 2 as Store Keeper Grade II. He was later promoted to the category of Store Keeper Grade I, which carried the scale of pay of Rs.1430-2840. On completion of 10 years of service as Store Keeper Grade I, he was given time bound higher grade promotion in the scale of pay of Rs.1800-3325, the scale of pay of Chief Store Keeper. He retired from service on 31-12-1993 while working as Senior Superintendent. 4. A long term settlement was entered into between the Kerala State Electricity Board and its employees on 19-4-1990. The settlement took effect from 01-04-1990. As per the said settlement, a copy of which is produced as Ext.P1 in these writ petitions, Assistant Store Keepers, Store Keepers Grade II and Grade I in the scale of pay of Rs.1025-2040, 1250- 2540 and 1430-2840 respectively were integrated with the category of Senior Assistant in the scale of pay of Rs.1140-2340, Junior Superintendent in the scale of pay of Rs.1360-2740 and Senor Superintendent in the scale of Rs.1800-3325 respectively. When Ext.P1 settlement was arrived at, the revised scale of pay of Senior Superintendent had not been fixed. It was later fixed as Rs.1800-3325. When Ext.P1 was implemented, the pay of Assistant Store Keepers who were drawing salary in the scale of pay of Rs.1430-2840 was reduced. An Assistant Store keeper thereupon moved this Court by filing O.P. No. 2357 of 1992. By Ext.P4 judgment delivered W.P.(C) No. 37120 & con.case 3 on 19-11-1993 this Court held that in implementation of Ext.P1 settlement and the integration of Assistant Store Keeper with the category of the Senior Assistant, the pay of the petitioner therein could not have been reduced. The Kerala State Electricity Board was directed to reconsider his case with reference to the higher pay he was drawing and the number of years of service he had put in and to equate him with an appropriate post in the ministerial cadre consistent with his pay, prospects of promotion and the length of service put in by him as Assistant Store Keeper. Similar directions were issued in the case of Store Keeper Grade-II in the scale of pay of Rs.1430-2840. The petitioners in these cases thereupon claimed that as they were already drawing salary in the scale of pay of Rs.1800-3325 which was the scale of pay of Senior Superintendent, they should be equated with the post of Assistant Accounts Officer with effect from 1-4-1990. The said claim was rejected by the Kerala State Electricity Board by Ext.P9 order dated 12-11-2008 in the case of the petitioner in W.P.(C) No. 37120 of 2008 and by Ext.P9 order dated 13-11-2008 in the case of petitioner in W.P.(C) No. 37121 of 2008. The said orders are under challenge in these writ petitions. 5. The learned counsel appearing for the petitioners contends that applying the principles laid down by this Court in Ext.P4 judgment, the W.P.(C) No. 37120 & con.case 4 petitioners ought to have been equated with the category of Assistant Accounts Officer. The petitioners contend that as they were already drawing salary in the scale of pay of Rs.1800-3325, they can be equated only with the post of Assistant Accounts Officer in implementation of Ext.P1 settlement. The respondents resist the claim contending that the settlement was to equate Store Keeper Grade II with Junior Superintendent and Store Keeper Grade I with Senior Superintendent and that it was only in cases where there was a fall in the emoluments upon such integration that this Court had directed that the incumbent should be equated with a post carrying the same scale of pay that he was drawing. 5. In the instant case, as on 1-4-1990 the petitioners were admittedly drawing salary in the scale of pay of Rs.1800-3325 and they were both working as Store Keeper Grade II. As per Ext.P1 settlement, they would have been entitled only be placed in the scale of pay of Rs.1360- 2740, the scale of pay of Junior Superintendent. The Board ought to have in view of Ext.P4 judgment, integrated them with the post of Senior Superintendent which carried the scale of pay of Rs.1800-3325 and protected their pay as on 1-4-1990. In Exts. P3 and P4 judgments this Court had directed that in implementation of the settlement, no employee shall be put to any peculiar loss. In other words, this Court intended to protect the W.P.(C) No. 37120 & con.case 5 pay of the petitioners, when in Ext.P3 and P4 judgments this Court directed that they should be equated with a post carrying an identical scale of pay. Applying the principles laid down by this Court in Ext. P4 judgment, the petitioners can only seek protection of the pay which they were drawing as on 1-4-1990, when Ext.P1 settlement took effect. From the pleadings it is evident that as on 1-4-1990 the petitioners were drawing salary in the scale of Rs.1800-3325 which was the scale of pay of Senior Superintendent. Though as per Exts.P1 and P2 only Store Keepers Grade-I are entitled to be integrated with category of Senior Superintendent, applying the principles in Ext.P4 judgment, I am of the opinion that the petitioners are entitled to have their pay fixed with effect from 1-4-1990 in the scale of pay of Rs.1800-3325, the scale of pay applicable to Senior Superintendent. They cannot in my opinion claim that they are entitled to have their pay fixed in the scale of pay of Assistant Accounts Officer. I accordingly, dispose of these writ petitions with a direction to the competent authority among the respondents to fix the salary and allowances payable to the petitioners with effect from 1-4-1990 in the scale of pay of Rs.1800-3325 applicable to Senior Superintendent, if it has not so far been done and to effect payment of the arrears they are entitled to. This shall be done within three months from the date of receipt of a certified copy of this W.P.(C) No. 37120 & con.case 6 judgment. Needless to say their terminal benefits shall also be revised on that basis and arrears disbursed expeditiously and in any event within three months thereafter. P.N.RAVINDRAN, JUDGE. mn.