IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 25095 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. C.A.KARUNAKARAN, RETIRED ASSISTANT ENGINEER (ELECTRICAL), MUNICIPAL ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, RESIDING AT PRATHIBHA, MANATHITTA LANE, AYYANTHOLE, THRISSUR. 2. N.GOPALAKRISHNA PILLAI, RETIRED ELECTRICAL ENGINEER, MUNICIPAL ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, RESIDING AT PRANAVAM, THRIVENI GARDEN, CALVARI ROAD, POOTHOLE, THRISSUR. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE ASSISTANT SECRETARY, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R3 SRI.LELLULAL T.G.THUNDATHIL FOR R3 GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON 09/03/2011 DELIVERED THE FOLLOWING: W.P.(C).No. 25095/2008 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PETITION BY P1. P2. COPY OF THE PETITION BY P2. P3. COPY OF THE GOVT. ORDER DTD.10.3.2000. P4. COPY OF THE GOVT. ORDER 27.11.2003. P5. COPY OF THE PETITION BY P1 DTD.12.12.03. P6. COPY OF THE PETITION BY P2 DTD.12.12.03. P7. COPY OF THE PETITION DTD.5.8.04. P8. COPY OF THE PETITION DTD.10.9.05. P9. COPY OF THE PETITION DTD.16.8.06. P10. COPY OF THE GOVT. ORDER DTD.4.8.08. P11. COPY OF THE GOVT. ORDER DTD.9.1.1991. P12. COPY OF THE GOVT. ORDER DTD.13.8.09. P13. COPY OF THE ORDER DTRD.11.5.04. P14. COPY OF THE LETTER DTD.8.1.2009. P15. COPY OF THE ORDER DTD.7.1.92. P16. COPY OF THE GOVT. ORDER DTD.19.11.93. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE LETTER DTD.15.5.07. B. COPY OF THE LETTER DTD.5.6.07. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 25095 of 2008 ================== Dated this the 9th day of March, 2011 J U D G M E N T The petitioners are retired engineers of the Electricity Wing of the Thrissur Corporation. They were originally appointed as Junior Engineers and later re-designated as Assistant Engineers. Their grievance in this writ petition is that they are not being paid the scale of pay applicable to 18 year time bound higher grade as per the Government orders on the subject. In 1988 pay revision orders, three time bound higher grades on completion of 10 years, 18 years and 25 years were sanctioned. That has been adopted in the Kerala State Electricity Board. According to the petitioners, grade promotion benefits as applicable to the Engineers of the Kerala State Electricity Board have been adopted for the Thrissur Corporation also. Originally, by Ext.P3 order, the Government sanctioned pay revision to the employees of the Thrissur Municipality. In Ext.P3, with regard to the grade promotions applicale to the officers' category, while sanctioning 10 year higher grade, it is specifically stated that regrading grade promotions on completion of 18 and 25 years of service, orders will be issued separately. It appears that the petitioners were the only two Engineers of the Thrissur Corporation. Therefore, in accordance with Ext.P3, Ext.P4 order 27.11.2003 was issued by the Government w.p.c.25095/08 2 sanctioning the scale of pay of ` 3525-5035 for the petitioners as the 18 year higher grade. They were denied the 25 year higher grade. Against denial of 25 year higher grade, the petitioners had approached this Court, which claim was rejected. Therefore, that is not the issue in this writ petition. The issue is regarding the scale of pay, to which, the petitioners are eligible as 18 year higher grade. According to the petitioners, by Ext.P11 order dated 9.1.1991, the Government has sanctioned time bound higher grade promotions to the employees of the Thrissur Municipality, wherein, it was stated that grade promotions will be sanctioned to next higher scale of pay existing to all categories of officers both ministerial and technical wing drawing a scale of pay upto and including that of Executive Engineers without change of duties and responsibilities. According to the petitioners, although there is no post of Executive Engineer in the Thrissur Corporation as in the Kerala State Electricity Board, the intention of the Government was to grant 18 year higher grade to the Assistant Engineers of the Thrissur Corporation in the scale of pay applicale to the Executive Engineers of the Kerala State Electricity Board. The petitioners would contend that this is further clear from Ext.P12 Government order dated 13.8.2009 sanctioning revision of pay to the employees of the Thrissur Corporation, wherein, it has been specifically stated that if there is no channel of promotion in Thrissur Corporation Electricity Wing, grade w.p.c.25095/08 3 promotion in the scale of pay of equivalent posts in the KSEB is allowed. The petitioners would, therefore, contend that as 18 year time bound higher grade, the petitioners were entitled to the scale of pay of Executive Engineers of the KSEB. According to them, at the relevant time in the Electricity Board the scale of pay of Executive Engineers was ` 2825-4250 and the petitioners are entitled to the revised scale of pay corresponding to that scale of pay as 18 year time bound higher grade. The petitioners, therefore, seek the following reliefs: “i) to issue a Writ of Certiorari or such other appropriate Writ, order or direction quashing Ext.P10 Order No. G.O(Rt). No.3011/08/LSGD dated 4.8.2008 issued by the first respondent as the scale of pay referred therein is not existence in 1988 and the said order does not provide the corresponding scales of 1993 and 1998 pay revisions or in the alternative modify Ext.P10 order including the revised scale of 1993 and 1998 pay revisions. ii) to issue a Writ of Mandamus or order or direction to the Respondents 2 & 3 to pay all the arrears of monetary benefits due to the Petitioners based on Ext.P4 as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court. iii) to issue a Writ of Mandamus or order or direction to the first respondent to sanction the second time bound higher grade to the Petitioners in the scale of pay of Rs. 2825-4250 with effect from 1.7.1988 and Rs. 3675-5265 with effect from 1.7.1993 and Rs. 11900-16380 with effect from 1.7.1998 which is the scale of pay of Executive Engineers in K.S.E.B. from time to time based on the pay revisions. iv) to issue a Writ of Mandamus or order or direction to the first respondent to pay the arrears of salary including revised pension based on Ext.P4 order as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court. v) to issue a Writ of Mandamus or order or direction to the 3rd respondent to revise the Pension and terminal benefits payable w.p.c.25095/08 4 to the Petitioners on the basis of the revised pay revision orders reckoning the second higher grade granted to the Petitioners; vi) to issue a Writ of Mandamus or order or direction to the Respondents to pay 18% interest on the amounts due to the Petitioners since they have been harassed by the Respondents for the last 16 years without paying the eligible salary and pension.” 2. The Government has filed a counter affidavit, wherein the stand taken is that insofar as in Thrissur Corporation there is no post of Executive Engineer, the petitioners are not entitled to 18 year time bound higher grade in the scale of pay applicable to Executive Engineers, but they are only entitled to 18 year time bound higher grade in the intermediary scale of pay as per the table for time bound grades included in the pay revision orders applicable to Government employees. According to the learned Government Pleader, nothing different has been stated in Exts.P11 and P12. 3. I have considered the rival contentions in detail. 4. The rule applicable to time bound higher grade promotions evolved by the Government in the pay revision orders is to the effect that if there is a promotion post available and the incumbent is eligible for promotion to that post, time bound higher grade would be granted in the scale of pay applicable to the promotion post. If there is no promotion post available, or if the incumbent is not qualified for promotion to the promotion post available, he would be eligible only for the intermediary scales of pay prescribed in the table applicable for w.p.c.25095/08 5 time bound higher grade promotions corresponding to various basic scales of pay. Here, admittedly, in Thrissur Corporation, there is no post of Executive Engineer. Therefore, going by the rules applicable to grant of time bound higher grades fixed by the Government in the various pay revision orders, the petitioners would not be eligible for 18 year time bound higher grade in the scale of pay applicable to Executive Engineers. They would be eligible only for the intermediary scale of pay. But a different note is struck in Exts.P11 and P12. In Ext.P11 Government order, wherein time bound grade promotions were granted to Engineers and other officers of the Thrissur Municipality, it is stated thus: “Grade promotion will be sanctioned to next higher scale of pay existing to all categories of officers both ministerial and Technical wing drawing a scale of pay upto and including that of Executive Engineers without change of duties and responsibilities.” Again, in Ext.P12 order of the Government granting revision of pay for the employees of the Thrissur Corporation issued in 2009, rules of time bound higher grade promotions are stated thus: “The existing provision for granting time bound higher grades may continue with the following specific points taken care of:- 1) The grade promotion provisions in GO(MS)9/91/LAD dated 9.1.91 and GO(MS).27/91/LAD dated 15.1.91 is allowed to continue in Thrissur Corporation Electricity Wing. 2) If there is no channel of promotion in Thrissur Corporation Electricity Wing, equivalent posts in KSEB is allowed. 3) Time bound grade promotion shall be availed of on the due date of completion of the required qualifying service. w.p.c.25095/08 6 4) Normal rules of fixation of pay for cadre promotion is allowed for time bound Higher Grade fixation also. But refixation shall not be allowed. 5) Not allowing refixation benefit and insisting to opt the higher scale on the due date itself, will lessen the benefits of grade promotion. Therefore, the right of exercise of option as per Rule 30, Part I KSR is allowed.” These two provisions give some doubt regarding the subject, in favour of the petitioners, which is but contrary to the rules regarding the grant of time bound higher grades as per the pay revision orders of the Government. In view of this doubt, I am of opinion that the Government should take a final decision as to whether the employees like the petitioners are eligible for 18 year time bound higher grade in the scale of pay applicable to the Executive Engineers of the Kerala State Electricity Board, although there is no post of Executive Engineer to which the Assistant Engineers of Thrissur Corporation can aspire for promotion unlike in the case of officers of the KSEB. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent- Government of Kerala shall, with reference to Exts.P11 and P12, take a final decision as to whether although there is no post of Executive Engineer available in the Thrissur Corporation, the Assistant Engineers are eligible for time bound higher grade in the scale of pay as applicable to the Executive Engineers of the Electricity Board. Decision in this regard shall be taken, as expeditiously as possible, at any rate, within three months from the date of receipt of w.p.c.25095/08 7 a certified copy of this judgment. If the Government ultimately decides that the Assistant Engineers of the Thrissur Corporation can be given time bound higher grade in the scale of pay as applicable to the Executive Engineers of the Electricity Board, the petitioners shall be given that benefit from the date when they became eligible for the same and their retirement benefits shall be computed on the basis of the corresponding scale of pay of the Executive Engineers of the Kerala State Electricity Board in the further pay revisions. The petitioners shall be afforded an opportunity of being heard. It would be open to the petitioners to rely on any document in support of their case at the time of hearing, the applicability of which shall also be considered by the Government. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge