IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 34544 of 2009(K) -------------------------- PETITIONER(S): ---------------------- 1. A.V.STEPHEN, FIRST GRADE OVERSEER, P.W.D.ROADS DIVISION, PATHANAMTHITTA. 2. G.BALAKRISHNA PILLAI, FIRST GRADE DRAFTSMAN, P.W.D.ROADS DIVISION, PATHANAMTHITTA. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, P.W.D. (ADMINISTRATION), THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34544/09 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.EB4(a) 7662/03 DT 22.10.2003 ISSUED BY THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO.A10-1433/2005 DT 2.8.2007 OF THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, PATHANAMTHITTA. EXT.P3: TRUE COPY OF THE ORDER NO.EB4-11266/09 DT 25.8.09 ISSUED BY THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER NO.EB4-10881/08 DT 10.8.09 WRITTEN BY THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE RELEVANT PAGES (PAGES 1 & 188) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006. EXT.P6: TRUE COPY OF THE RELEVANT PAGES (;AGES 1, 25 AND 26) OF THE ORDER GOP NO.145/2006/FIN. DT 25.3.2006. EXT.P7: TRUE COPY OF THE JDUGEMTN DT 15.6.09 IN WPC NO.23518/2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 34544 OF 2009 (K9) ===================== Dated this the 9th day of June, 2010 J U D G M E N T The issue raised in this writ petition concerns cancellation of time bound higher grade granted to the petitioners in the scale of pay as applicable to Assistant Engineer. 2. This Court by judgment in WP(C) No.36227/08 and connected cases upheld the claim of the petitioners. The petitioners being similarly situated, the impugned order of cancellation of time bound higher grade given to the petitioners is liable to be set aside and I do so. It is directed that the petitioners shall be continued to be paid time bound higher grade as applicable to Assistant Engineer, PWD. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp