IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 OP.No. 819 of 1999(V) ------------------------------ PETITIONER(S): ---------------------- V.T. YOHANNAN, VERAMPILAVIL HOUSE, VELLAMCHIRA, KAROOR P.O., THRISSUR-680 683. BY ADV. MR.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, IRRIGATION (GROUND WATER) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF GROUND WATER, PATTAM, PLAMOOD, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 819/1999-V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF APPOINTMENT DATED 30/11/72. P2(a): COPY OF THE ORDER BY THE DIRECTORATE OF MINING AND GEOLOGY ON 29/11/74. P2(b): COPY OF THE APPOINTMENT ORDER DATED 19/11/74. P3: COPY OF THE APPOINTING ORDER TO THE PETITIONER AS SENIOR DRILLER, DATED 06/10/76. P4: COPY OF THE APPOINTMENT ORDER DATED 07/02/78. P5: COPY OF THE CERTIFICATE SHOWING THE SERVICE PARTICULARS, DATED 26/12/72. P6: COPY OF THE REPRESENTATION DATED 23/02/98 TO THE 2ND RESPONDENT. P7: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 1ST RESPONDENT ON 14/10/96. P8: COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 18/11/96. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ S.SIRI JAGAN, J. ================== O.P.No. 819 of 1999 ================== Dated this the 13th day of March, 2009 J U D G M E N T The petitioner entered the service of the Government of Kerala in the Mining and Geology Department as a Driller on 18.12.1972. He was transferred to the Agricultural Department, which according to the petitioner was in exigencies of service and according to the learned Government Pleader, was on request, with effect from 30.11.1974. He was promoted as Senior Driller on 6.10.1976. He was further promoted as Master Driller on 9.7.1978. He retired from service on 30.11.197. His grievance in this original petition is that he was not given higher grades, to which he was entitled to when they became due to him, as per the pay revision orders. According to the petitioner, on completion of total service 20 years in the entry post and the promotion post put together, he is entitled to the second higher grade, which he has not been given. According to the petitioner, he is also entitled to third higher grade on completion of 25 years. 2. A counter affidavit has been filed controverting the contentions of the petitioner. According to the respondents, the petitioner would be entitled to the second higher grade only on either completion of 10 years of service in the first promoted post or total service of 20 years in the entry post and the first regular promotion post/time bound higher grade together, which is not the case of the 2 petitioner. The petitioner, before completing 20 years of service in the entry post and the first promoted post together, was given a further promotion on 9.2.1978 and, therefore, he is not entitled to the second higher grade. As far as the third higher grade is concerned, he would be entitled to the third higher grade only on completion of 25 years of total service in the entry post and the regular promotion posts/time bound higher grades together, for which, he is short by two months of service. Therefore, according to the respondents, the petitioner is not entitled to any higher grade at all. 3. I have considered the rival contentions in detail. 4. The petitioner's claim for higher grade is governed by the pay revision order dated 8.2.1993, with effect from 1.3.1992. The rules regarding higher grades in that order are as follows: “(b) Time Bound Higher Grade Promotion Scheme:- 1. The existing time bound higher grade promotion scheme and the grades to be assigned on revision of pay scales under the scheme, will be modified as specified in the tables given below with effect from 1st March 1992. The General conditions for the grant of higher grades as laid down in Government Circular No.54/92/(138)/Fin. dated 6.11.1992 will be followed, subject to the following specified/modified conditions: 2. Employees who remain in their entry posts on scales of pay ranging from Rs.775-1065 to Rs.2500-400 on completion of prescribed periods of service in these posts, will be granted higher grades as specified below:- (i) Those on entry posts with pay scales of Rs.775-1065 to Rs.1400-2300 will be granted three higher grades as follows with the scales of pay indicated in Table I. (a) The first higher grade on completion of 10 years of service 3 in the entry post. (b) The second higher grade on completion of either 10 years of service in the first promoted post or a total service of 20 years in the entry post and the first regular promotion post/time bound higher grade together, whichever is earlier. (c) The third higher grade on completion of 25 years of total service in the entry post and regular promotion post(s)/time bound higher grade(s) together.” Going by the said rules, I am inclined to agree with the contentions of the respondents. The second higher grade is available to the petitioner only if he puts in a total service of 20 years in the entry post and first regular promotion post put together. Admittedly, before completing total service of 20 years in the entry post and first regular promotion post put together, he had been promoted further as Master Driller. That being so, the petitioner is not entitled to the second higher grade. The petitioner would have been entitled to third higher grade if he had put in a total of 25 years in the entry post and first regular promotion post put together. Admittedly, for completion of 25 years of service, the petitioner was short by two months. That being so, he is not entitled to the third higher grade also. In the above circumstances, I do not find any merit in the contentions of the petitioner and accordingly, the original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 819 of 1999-V ================== J U D G M E N T 13th March, 2009