IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5478 of 2009(D) ------------------------- PETITIONERS: --------------- 1. HUSSAIN.S, S/O. SULAIMAN, AGED 55, RETIRED FERRYMAN, KANIRAKODU FERRY, UNDER ASSISTANT ENGINEER, PWD ROAD SECTION, KUNDARA. 2. S. SANKARA NARAYANA PILLAI, S/O. SANKARA PILLAI, AGED 45, FERRYMAN, PWD ROAD SECTION, KUNDARA. 3. T. RAJENDRAN, S/O.K. THANKAPPAN, AGED 55, RETIRED FERRYMAN, PWD ROAD SECTION, KUNDARA. BY ADV. SRI.G.KRISHNAKUMAR SMT.M.P.RETHNAM SRI.N.B.RAJU RESPONDENTS: --------------- 1. THE SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF FINANCE, SECRETARIAT, TRIVANDRUM 2. THE CHIEF ENGINEER PWD (ADMN), THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PWD, ROADS SECTION, KOLLAM. 4. THE ASSISTANT ENGINEER, PWD ROADS SUB-DIVISION, KARUNAGAPPALLY, KOLLAM. 5. THE ASSISTANT ENGINEER PWD ROADS SUB-DIVISION, CHATHANOOR. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5478 of 2009 -------------------------- Dated this the 19th February,2009 J U D G M E N T Petitioners are seeking for grant of Higher Grade benefits after reckoning their seasonal service also. All the petitioners have been working as Seasonal Ferrymen and were later promoted as Full time Ferrymen. The seasonal Ferrymen were a category of regular employees in the P.W.D. They were not being sanctioned increments till 1972. Government by Exhibit- P1 granted the said benefit in respect of certain seasonal Ferrymen who had worked for six months or more continuously in an year. Accordingly petitioners were granted annual increments reckoning their seasonal service. Later, the Government in the year 1979 sanctioned higher grade benefits to such employees who remain in the entry post without promotion for 13 years. This period of 13 years was later reduced as 10 years as per Government Order dated 16.9.1985. All the W.P ( C) No.5478 of 2009 2 employees who have been continuing for a period of 20 years in their entry post and first promotion post together were granted Higher Grade benefits pursuant to the said order. The Government by Order dated 1.11.1989 sanctioned Third Higher Grade on completion of 25 years of service which was later modified pursuant to the pay revision order dated 25.11.1998. Accordingly, the First Higher Grade will be granted on completion of 10 years, Second Higher Grade on completion of 18 years and 3rd Higher Grade on completion of 23 years. 2. The question is whether petitioners are entitled for the said benefit based on the seasonal service rendered by them. This issue was considered by this Court in WPC Nos.8867 of 2005 ad 24410 of 2006. Pursuant to the directions issued by this Court, by Exhibit-P6 similarly placed persons have been granted such benefits. They were allowed to reckon their seasonal service for getting the benefit of higher grade. 3. The writ petitioners are claiming the very same reliefs. They have filed Exhibit-P2 to P4 representations W.P ( C) No.5478 of 2009 3 before the Government in the matter. In the result, the writ petition is disposed of directing the Government to consider Exhibits P2 to P4 and pass appropriate orders, in accordance with law, after considering the claims of petitioners on merits and in accordance with the relevant Government Orders, within a period of three months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5478 of 2009 4 W.P ( C) No.5478 of 2009 5