IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 24554 of 2007(W) -------------------------- PETITIONER(S): --------------- 1. VINODKUMAR K.V., PC K 6314, ARMED RESERVE CAMP, KOTTAYAM. 2. MANOJ C., PC 6371, ARMED RESERVE CAMP, KOTTAYAM. 3. S. RAJMOHANAN, PC K 6307, ARMED RESERVE CAMP, KOTTAYAM. 4. JOSEPH VARGHESE C., PC K 6292, ARMED RESERVE CAMP, KOTTAYAM. 5. SURESH P.T., PC K 6393, ARMED RESERVE CAMP, KOTTAYAM. 6. GEORGE K.JOHN, PC K 6328, ARMED RESERVE CAMP, KOTTAYAM. 7. MANOJ P.P., PC K 6358, ARMED RESERVE CAMP, KOTTAYAM. 8. SREENIVASAN V.T., PC K 6295, ARMED RESERVE CAMP, KOTTAYAM. 9. SHAJI N.T., PC K 6295, ARMED RESERVE CAMP, KOTTAYAM. 10. VARGHESE P.P., PC K 6384, ARMED RESERVE CAMP, KOTTAYAM. 11. PONNAPPAN P.K., PC K 6361, ARMED RESERVE CAMP, KOTTAYAM. 12. K.K. ANILKUMAR, PC K 6111, ARMED RESERVE CAMP, KOTTAYAM. 13. ANIL KUMAR V.G., PCK 6298, ARMED RESERVE CAMP, KOTTAYAM. 14. GOPAKUMAR N., PC K 6293, ARMED RESERVE CAMP, KOTTAYAM. 15. MANOJKUMAR K., PC K 6313, ARMED RESERVE CAMP, KOTTAYAM. 16. VISWANATHAN D., PC K 6296, ARMED RESERVE CAMP, KOTTAYAM. 17. MANOJKUMAR C.B., PC K 6311, ARMED RESERVE CAMP, KOTTAYAM. 18. MANOJKUMAR C.S., PC K 6355, ARMED RESERVE CAMP, KOTTAYAM. 19. CHACKO P.K., PC K 6416, ARMED RESERVE CAMP, KOTTAYAM. 20. BIJU K.G., PC K 6288, ARMED RESERVE CAMP, KOTTAYAM. 21. V. SURESHKUMAR, PC K 6079, ARMED RESERVE CAMP, KOTTAYAM. 22. JAYAMON MATHEW, PC K 6319, ARMED RESERVE CAMP, KOTTAYAM. 23. SUBASH K.K., PC K 6230, ARMED RESERVE CAMP, KOTTAYAM. 24. KURIAKOSE C.J., PC K 6419, ARMED RESERVE CAMP, KOTTAYAM. 25. DHARMAPALAN P.K., PC K 6383, ARMED RESERVE CAMP, KOTTAYAM. 26. SRINIVAS C.C., PC K 6347, ARMED RESERVE CAMP, KOTTAYAM. 27. REJIMON T.D., PC K 6299, ARMED RESERVE CAMP, KOTTAYAM. 28. JOHNSON V.G., PC K 6389, ARMED RESERVE CAMP, KOTTAYAM. 29. SIJULAL T.C., PC K 6303, ARMED RESERVE CAMP, KOTTAYAM. 30. SIBU M.S., PC K 6381, ARMED RESERVE CAMP, KOTTAYAM. 31. GOPAKUMAR K.S. PC K 6287, ARMED RESERVE CAMP, KOTTAYAM. 32. ASHOKAN G., PC K 6297, ARMED RESERVE CAMP, KOTTAYAM. 33. SAJI M.P., PC K 6286, ARMED RESERVE CAMP, KOTTAYAM. 34. VIJAYAKUMAR N.K., PC K 6342, ARMED RESERVE CAMP, KOTTAYAM. 35. MANOJ KUMAR D., PC K 6348, ARMED RESERVE CAMP, KOTTAYAM. 36. RAJEEV P.R., PC K 6309, ARMED RESERVE CAMP, KOTTAYAM. 37. BIJUMON K.M., PC K 6352, ARMED RESERVE CAMP, KOTTAYAM. 38. SURESH M.N., PC K 6318, ARMED RESERVE CAMP, KOTTAYAM. 39. SEBASTIAN THOMAS, PC K 6394, ARMED RESERVE CAMP, KOTTAYAM. 40. MANOJ K., PC K 6351, ARMED RESERVE CAMP, KOTTAYAM. 41. RAJAGOPAL, PC K 6320, ARMED RESERVE CAMP, KOTTAYAM. 42. T.V. ANILKUMAR, PC K 6289, ARMED RESERVE CAMP, KOTTAYAM. 43. JOSEPH ANTONY, PC K 6349, ARMED RESERVE CAMP, KOTTAYAM. 44. PRABHASH K.T., PC K 6310, ARMED RESERVE CAMP, KOTTAYAM. 45. MAMACHAN K.K., PC K 6353, ARMED RESERVE CAMP, KOTTAYAM. 46. DEVASIA K.O., PC K 6426, ARMED RESERVE CAMP, KOTTAYAM. 47. SANTHOSHKUMAR D., PC K 635, ARMED RESERVE CAMP, KOTTAYAM. 48. BIJU JOSEPH, PC K 6423, ARMED RESERVE CAMP, KOTTAYAM. 49. HARILAL A.B., PC K 6379, ARMED RESERVE CAMP, KOTTAYAM. 50. SHAJI M.R., PC K 6373, ARMED RESERVE CAMP, KOTTAYAM. 51. JOMON M.THOMAS, PC K 6326, ARMED RESERVE CAMP, KOTTAYAM. 52. SABU T.C., PC K 6337, ARMED RESERVE CAMP, KOTTAYAM. 53. SAJI K. KURIAKOSE, PC K 6339, ARMED RESERVE CAMP, KOTTAYAM. 54. BABU P.S., PC K 6432, ARMED RESERVE CAMP, KOTTAYAM. 55. JAMES M.S., PC K 6382, ARMED RESERVE CAMP, KOTTAYAM. 56. ANILKUMAR R., PC K 6078, ARMED RESERVE CAMP, KOTTAYAM. 57. SURESHKUMAR R., PC K 6290, ARMED RESERVE CAMP, KOTTAYAM. 58. BIJUMON R., PCK 6407, ARMED RESERVE CAMP, KOTTAYAM. 59. SHAJI K.C., PC K 6323, ARMED RESERVE CAMP, KOTTAYAM. 60. DENCYMON JOSEPH, PC K 6360, ARMED RESERVE CAMP, KOTTAYAM. 61. DOMINIC DANIAL, PC K 6308, ARMED RESERVE CAMP, KOTTAYAM. 62. SAID MUHAMMED, PC K 6410, ARMED RESERVE CAMP, KOTTAYAM. 63. S. MOHANAN, PC K 6392, ARMED RESERVE CAMP, KOTTAYAM. 64. BRAHMADAS P.M., PC K 6344, ARMED RESERVE CAMP, KOTTAYAM. 65. ANILKUMAR P.R., PC K 6340, ARMED RESERVE CAMP, KOTTAYAM. 66. JAMESKUTTY THOMAS, PC K 6231, ARMED RESERVE CAMP, KOTTAYAM. 67. HARIDAS K.R., PC K 6428, ARMED RESERVE CAMP, KOTTAYAM. 68. ALBY P.M., PC K 6335, ARMED RESERVE CAMP, KOTTAYAM. 69. REJIMON K.K., PC K 6354, ARMED RESERVE CAMP, KOTTAYAM. 70. BIJU ABRAHAM, PC K 6343, ARMED RESERVE CAMP, KOTTAYAM. 71. JACOB KOSHY, PC K 6375, ARMED RESERVE CAMP, KOTTAYAM. 72. EJISON P.JOSEPH, PC K 6412, ARMED RESERVE CAMP, KOTTAYAM. 73. BIJUMON VARGHESE, PC K 6424, ARMED RESERVE CAMP, KOTTAYAM. 74. VINODKUMAR P.V., PC K 6421, ARMED RESERVE CAMP, KOTTAYAM. 75. BABU C.S., PC K 6430, ARMED RESERVE CAMP, KOTTAYAM. 76. BABY K.V., PC K 6302, ARMED RESERVE CAMP, KOTTAYAM. 77. NAZAR P.J., PC K 6342, ARMED RESERVE CAMP, KOTTAYAM. 78. GOPAKUMAR, PC K 6357, ARMED RESERVE CAMP, KOTTAYAM. 79. PHILIPKUTTY, PC K 6417, ARMED RESERVE CAMP, KOTTAYAM. 80. SURESH G., PC K 6378, ARMED RESERVE CAMP, KOTTAYAM. 81. SABU MADHAVAN, PC K 6322, ARMED RESERVE CAMP, KOTTAYAM. 82. ASOK KUMAR P.K., PC K 6208, ARMED RESERVE CAMP, KOTTAYAM. 83. THOMAS K.J., PC K 6390, ARMED RESERVE CAMP, KOTTAYAM. 84. PRASAD K.K., PC K 6376, ARMED RESERVE CAMP, KOTTAYAM. 85. SAJIKUMAR I, PC K 6345, ARMED RESERVE CAMP, KOTTAYAM. 86. SHIBU K.K., PC K 6316, ARMED RESERVE CAMP, KOTTAYAM. 87. SUNIL KUMAR P.G., PC K 6359, ARMED RESERVE CAMP, KOTTAYAM. 88. PRASADKUMAR M.P., PC K 6334, ARMED RESERVE CAMP, KOTTAYAM. 89. INDU U.B., PC K 6433, ARMED RESERVE CAMP, KOTTAYAM. 90. SURESH A.K., PC K 6437, ARMED RESERVE CAMP, KOTTAYAM. 91. AJITHKUMAR M., PC K 6377, ARMED RESERVE CAMP, KOTTAYAM. 92. MANOHARAN N., PC K 6301, ARMED RESERVE CAMP, KOTTAYAM. 93. RAVIKUMAR M.R., PC K 6312, ARMED RESERVE CAMP, KOTTAYAM. 94. BIJUMON K.G., PC K 6404, ARMED RESERVE CAMP, KOTTAYAM. 95. ANISHKUMAR K., PC K 6438, ARMED RESERVE CAMP, KOTTAYAM. 96. JAYAKUMAR C.N., PCK 6395, ARMED RESERVE CAMP, KOTTAYAM. 97. SAIMON P.P., PC K 6391, ARMED RESERVE CAMP, KOTTAYAM. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, KOTTAYAM. GOVERNMENT PLEADER SRI.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No.24554/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ANNEXURE II RULES. P2. COPY OF THE ANNEXURE III SCHEME FOR TIME BOUND HIGHER GRADE PROMOTION. P3. COPY OF THE PAY SLIP OF P1 FOR SEP.06 AND OCT.06. P4. COPY OF THE STATEMENT REGARDING GRANTING OF HIGHER GRADE. P5. COPY OF THE ORDER DTD.10.10.2006 BY R3. P6. COPY OF THE JUDGMENT IN W.P.(C). No. 30195/06 OF THIS COURT. P7. COPY OF THE SHOW CAUSE NOTICE DTD.23.5.07 BY R3. P8. COPY OF THE EXPLANATION DTD.12.6.06 BY P1. P9. COPY OF THE ORDER DTD.31.7.07 BY R3. P10. COPY OF THE GOVT. ORDER DTD.12.6.2006 BY R1. Sdk+ ///True Copy/// P.A. To Judge S.SIRI JAGAN, J. ================== W.P(C).No.24554 of 2007 ================== Dated this the 7th day of July, 2009 J U D G M E N T The petitioners were recruited as Police Constables to the Armed Battalion. After training, they were inducted into the Armed Battalion with effect from 1.11.1996. Subsequently they were transferred to the District Armed Reserve, Kottayam. As per pay revision order, viz., G.O (P) No.145/2006.Fin dated 25.3.2006, the Government revised the pay scales of the Government servants and the rules for time bound higher grade promotion were also relaxed. Accordingly, in the entry cadre, after 8 years, Government servants were entitled to the first time bound higher grade promotion. The petitioners completed 8 years of service on 1.11.2004. Allegedly in accordance with Ext.P1 rules for fixation of pay in the revised scale of pay, they opted to continue in the pre-revised scale of pay of the entry post till 1.3.2006. That option was accepted and the pay of the petitioners was fixed accordingly. Later on, by Ext.P5, they were informed that their pay was reduced since the option filed by them is irregular. The petitioners challenged that order by filing W.P.(C).No.30195/2006. In that writ petition, this Court quashed the said order and directed the respondents to decide the matter afresh after issuing a show cause notice to the petitioners and considering the explanation submitted by the petitioners after 2 affording an opportunity of being heard to them. Accordingly, after issue of show cause notice and hearing, the 3rd respondent passed Ext.P9 order holding that the option date submitted by the petitioners was irregular and they could not have opted for any date beyond 1.11.2004. Accordingly, the petitioners were directed to file fresh option on or before 16.8.2007. They were also intimated that if no option is exercised on or before 16.8.2007, the date of effect of the pay revision orders, viz. 1.7.2004, shall be treated as the date of option for coming over to the revised scale of pay and the pay will be fixed accordingly. The petitioners are challenging that order. 2. According to the petitioners, the petitioners are entitled, as of right, to opt for 1.3.2006 for availing of time bound higher grade promotion and fixation of the pay in the revised scale of pay with effect from that date. 3. The learned Government Pleader opposes the same. According to the Government Pleader, going by the rules for fixation contained in the pay revision order, the petitioners could not have opted for any date beyond 1.11.2004. 4. I have considered the rival contentions in detail. 5. The rules for exercise of option on promotion are contained in the Rules for fixation of pay in the revised scale of pay given as Annexure-2 to the pay revision order. The said rules read thus: 3 “Exercise of Option on Promotion: 7(1). All appointments and promotions made on or after 1.7.2004 shall be deemed to have been made in the revised scale of pay. (2) However, an employee promoted to a higher scale (whether by regular promotion, ratio promotion or under the time bound higher grade scheme) on or after 1.7.2004 but before the date of this Government Order will have the option to continue in the pre-revised scale of the lower post till the date of such promotion and then first avail promotion to the pre-revised scale of the higher post and thereafter avail the benefits of this pay revision on the same date as such promotion. This option will be available only for the first promotion after 1.7.2004. This benefit of option will be restricted to the employees who were promoted on or after 1.7.2004 but before the date of this order. (3) Employees who are promoted on or after 1.7.2004 are not allowed to exercise option to continue in the pre-revised scale of the lower post beyond the date of such promotion. 8. Provisional employees recruited through the employment exchange who were in service on 30.6.2004 and continued thereafter shall be eligible only for the minimum of the revised scale of pay from 1.7.2004, so however that the monetary benefit will be payable only from 1.4.2005 (if they had continued in service till then.” I am of opinion that going by the same, it admits of no doubt whatsoever that the petitioners could not have opted for any date beyond 1.11.2004. The rules are abundantly clear in that regard. That being so, I do not find anything wrong with Ext.P9 order. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 4