IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 312 of 2005(K) --------------------------------- PETITIONER(S): ----------------------- 1. N.SAMIKUTTY, S/O,.CHANDU, AGED 69, RTD. JUNIOR OPERATOR, FISHERIES DEPARTMENT, CHUNKATHAZHAM HOUSE, NEAR KARIMBANA PALAM, P.O.ERANHIPALAM, KOZHIKODE 673 006. 2. K.PADMANABHAN, S/O.K.GOVINDAN, RTD. SENIOR FREEZING SUPERVISOR, FISHERIES DEPARTMENT, UNNOORPADINILAM, MOKAVOOR P.O. ERANHIKKAL, KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF FISHERIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT DIRECTOR OF FISHERIES, KERALA FISHERIES DEPARTMENT, WEST HILL, KOZHIKODE. 3. THE OFFICE OF THE ACCOUNTANT GENERAL, TRIVANDRUM. GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 312 of 2005 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order G.O.(MS)No.18/01/P&PD dated 18.6.01. Ext.P2 :- Copy of the order issued by the 2nd respondent to subordinate officers dated 11.9.01. Ext.P3 :- Copy of the representation submitted by first petitioner to the first respondent dated 6.6.03. Ext.P4 :- Copy of the reminder issued by first petitioner to the first respondent dated 31.10.2003. Ext.P5 :- Copy of the reminder submitted before the 2nd respondent by the petitioner dated 12.2.2004. Ext.P6 :- Copy of the representation submitted by the first petitioner before the first respondent dated 19.5.2004. Ext.P7 :- Copy of the representation submitted by second petitioner before the government dated 15.11.94. Ext.P8 :- Copy of the order issued by first respondent dated 24.12.96. Ext.P9 :- Copy of the representation submitted by the 2nd petitioner before the first respondent dated 19.5.04. Ext.P10 :- Copy of the letter issued by first respondent to the first petitioner dated 10.3.04. Ext.P11 :- Copy of letter issued by first respondent to the petitioner dated 2.12.2004 Ext.P12 :- Copy of the representation submitted by the 1st petitioner dated 19.5.2004. Ext.P13 :- Copy of the representation submitted by the 2nd petitioner dated 19.5.2004. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ------------------------------ W.P.(C) No.312 of 2005 -------------------------------- Dated this the 10th day of August 2010 J U D G M E N T Challenge in the writ petition is against Exts.P10 and P11 orders issued by the respondents. Petitioners were employees of the Kerala Fisheries Corporation who are absorbed in the Fisheries Directorate and have retired from service in 1989 and 1990 respectively. In this writ petition, what they claim is that the respondents should be directed to grant them time bound higher grade reckoning their prior service also. Exts.P10 and P11 requests made by the petitioners have been rejected by the respondents. It is therefore the writ petition is filed. 2. Time bound higher grade as ordered by the Government from time to time, is a scheme for stagnation removal. As per this scheme, if an employee who is qualified W.P.(C) No.312 of 2005 -: 2 :- for the higher post stagnates in the lower post for a specified number of years is eligible for the pay as applicable to the higher post. Rules provides for the grant of such time bound higher grades on three occasions. In this case, from Ext.P10, it can be seen that the first petitioner has got two promotions and one time bound higher grade. In so far as the second petitioner is concerned, from Ext.P11, it is seen that he got one promotion and two time bound higher grades. Essentially therefore, they have got higher scale of pay, either consequent to promotion or on extension of time bound higher grades. Therefore, admissible benefits have already been granted and in that view of the matter they are not entitled to any further time bound higher grades. Therefore the writ petition fails and accordingly dismissed. ANTONY DOMINIC, JUDGE. Jvt