IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 24557 of 2008(W) -------------------------- PETITIONER: ------------------ P.SOMAN, IST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY RE-SURVEY, ATTINGAL, KATTAKKALIL VEEDU, PUTHIYAKAVU, KILIMANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SMT. I.SHEELA DEVI RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM. 4. SUB TREASURY OFFICE, SUB TREASURY,KILIMANOOR. BY GOVERNMENT PLEADER MR. NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24557 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE NO.3975/89 ACCOUNT TEST DATED 10.05.1989. P1(a): COPY OF THE CERTIFICATE NO.3976/89 REVENUE TEST DATED 10.05.1989. P2: COPY OF THE ORDER NO. SY.A2-19988/95/K.DIS DATED 17.10.1995 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P3: COPY OF THE ORDER P-03/REVN/250/OP/07-08 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P3(a): COPY OF THE P-03/PENA/1089/OP/98-99 DATED 05.03.2008 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 24557 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 29th day of September 2009. JUDGMENT While working as a First Grade Surveyor, the petitioner retired from service on 31.03.1999. He contends that he had passed all the departmental tests to be qualified for promotion to the higher post of Superintendent. He was granted the 3rd Time Bound Higher Grade on completion of 23 years of service in the scale applicable to that of a Superintendent as evidenced by Ext.P2. 2. Subsequent to the retirement of the petitioner, an issue arose as to whether incumbents who have completed the age of 50 were entitled to exemption from qualifications by virtue of Rule 13(B) of the General Rules of KS & SSR in the matter of promotion to the post of Technical Assistants/ Superintendent. A Bench of this Court in Sarojini Amma v. State of Kerala (2002(3) KLT 573) held that the exemption contemplated in Rule 13(B) of the General Rules of KS & SSR was available only for test qualifications prescribed in the W.P.(C). No. 24557 OF 2008 2 Subordinate Service Rules and not available for further promotion to the State Service. It seems that this judgment was taken note of and the Time Bound Higher Grade which had been sanctioned to the petitioner in the scale of pay applicable to that of a Superintendent in the year 1995 was cancelled with a consequential revision of his pension as well. This has been challenged in the writ petition. 3. The main ground that has been taken up in the writ petition is that the petitioner was actually qualified for the promotion post of Superintendent at the time of grant of 3rd Time Bound Higher Grade. But it is possible that acquisition of the qualification was not noted in the Service Book. Ext.P3 was not preceded by a notice to the petitioner and at any rate it is passed several years after the retirement of the petitioner. 4. In the result, Ext.P3 is set aside and the second respondent, Director of Survey and Land Records is directed to consider the plea of the petitioner that he was actually qualified for the post of Superintendent on the date of Ext.P2. The documents evidencing possession of such qualifications, shall be W.P.(C). No. 24557 OF 2008 3 placed by the petitioner before the Director. The Director shall consider whether the petitioner was in possession of such qualifications on the date of grant of the 3rd Time Bound Higher Grade. If it is found that the petitioner was in possession of the same, the grant of 3rd Time Bound Higher Grade as per Ext.P3 and further revisions and fixation of the pension shall be treated as regular. Orders shall be passed by the 3rd respondent within three months from the date of receipt of a copy of the representation along with the copy of the certificates. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/