IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 OP.No. 26632 of 2002(U) ----------------------- PETITIONER(S): --------------- G. RAJASEKHARAN NAIR, CONDUCTOR (FIRST GRADE), K.S.R.T. CORPORATION, TRIVANDRUM CITY DEPOT, TRIVANDRUM. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.BABU POTHENCODE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., TRIVANDRUM CITY DEPOT, TRIVANDRUM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 26632/2002. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF MEMORANDUM DT. 8-2-1995. EXT.P1(a) TERMS AND CONDITIONS OF DEPUTATION OF K.S.R.T.C EMPLOYEES. EXT.P2 LETTER DT. 25-6-1996. EXT.P3 MEMORANDUM DT. 14-7-2000. EXT.P4 ORDER DST. 4-9-2000. EXT.P5 MEMORANDUM DT. 28-9-2000. EXT.P6 MEMORANDUM DST. 18-4-2001. EXT.P7 MEMORANDUM DT. 8-5-2001. EXT.P8 LETTER DT. 25-5-2002. EXT.P9 GRADE PROMOTION RULES DT. 9-10-1987. EXT.P10 ORDER DT. 17-10-2000. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 26632 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st April, 2009. J U D G M E N T The petitioner joined the service of the Kerala State Road Transport Corporation as a Conductor on 28-5-1981. Subsequently, he was promoted as Conductor Grade I. While working so, he was selected as Assistant Grade I in Sree Sankaracharya University of Sanskrit and he was allowed to accept that assignment on deputation pursuant, and he joined the University on 8-2-1995. The terms and conditions of such deputation are contained in Ext. P1(a). While e was working in the University, on 29-5-1996, he was granted promotion as Selection Grade Conductor. Subsequently, he was absorbed in the Sree Sankaracharya University of Sanskrit, pursuant to which he resigned from the Corporation on 10-6-1996. A Division Bench of this Court , while considering the validity of such appointments, set aside all such appointments including that of the petitioner. Pursuant thereto, the petitioner was permitted to rejoin Kerala State Road Transport Corporation on 14-7-2000. By Ext. P3 order, the 1st respondent directed that the period from the date of his resignation on 10-6-1996 till rejoining duty also be treated as deputation. Ext. P4 is the order permitting the petitioner to rejoin duty. Pursuant thereto, by Ext. P5, the pay of the petitioner was fixed. However, by Ext. P6 order, the 1st respondent held that as per the grade promotion rules, service of any employee out of his regular channel of promotion will not be counted as qualifying service for any grade promotion in a particular channel. The Managing Director held the view that since the service of the petitioner in the University is not in the same channel as that of a conductor, the petitioner's promotion is irregular. Accordingly, it was directed that the erroneous promotion be modified. In compliance with that order, Ext. P7 order was passed re-fixing petitioner's pay, cancelling the earlier grade O.P. No. 26632/2002. -: 2 :- promotion granted while the petitioner was on deputation. On the petitioner questioning the validity of the same, the matter was referred to the Government. The Government held that as per the provisions of the K.S and S.S.R and the K.S.R., a person on deputation is entitled to counting of his deputation period for the purpose of increment, promotion etc. Accordingly, Government held that if there are no provisions contrary to the above in the memorandum of settlement between the Kerala State Road Transport Corporation and its employees approved by the Government, the petitioner is eligible for continued promotions, if he was not absent from service. However, still the dispute as to whether the petitioner's period of service during deputation can be counted for the purpose of grade promotion was left in a limbo. Subsequently, the petitioner retired from service on 31-5-2000. It is under the above circumstances, the petitioner has filed this original petition seeking the following reliefs: “i) Issue a writ of certiorari quashing/setting aside Exts.P 6 and P7; ii) issue a writ of mandamus to the respondents to grant grade promotions due to the petitioner by reckoning the period of deputation to Sree Sankaracharya University as qualifying service and to grant consequential benefit of fixation of pay and arrears of salary.” 2. According to the petitioner, going by clause (2) of Ext. P1(a), which contains the terms and conditions of deputation of Kerala State Road Transport Corporation employees, “the employee would retain the lien and rank in the Corporation and will be eligible for any increment on promotion falling due during the period of deputation.” The petitioner contends that by virtue of that clause, the petitioner is O.P. No. 26632/2002. -: 3 :- entitled to have his deputation period counted for grade promotion and increments. The petitioner points out that, relying on Ext. P1 grade promotion rules (which is as per the settlement approved by the Government), although it is stated that service in posts outside the approved channel will not be taken as qualifying service for grade promotion, that would be applicable only when an employee has service in two different departments of the Kerala State Road Transport Corporation which, are not in the approved channel as is evident from sub-clause (c) thereof. The petitioner therefore would contend that he is entitled to have his deputation period counted for the purpose of grade promotion and increments. 3. No counter affidavit has been filed by the respondents. 4. I have heard the parties. 5. Ext. P1(a) is the terms and conditions of deputation of employees of the Corporation. Clause (2) thereof reads thus: “(2) He will retain his lien and rank in the Corporation and will be eligible for any increment on promotion failing due during the period of deputation.” By Ext. P8, Government has already decided that as per the provisions of K.S & S.S.R and K.S.R, the petitioner is entitled to get his deputation period counted for promotion, if there are no provisions contrary to the above in memorandum of settlement approved by the Government as if he was not absent from service. Clause 9(a) of Ext. P 9 grade promotion rules reads thus: “9. (a) Service from the date of absorption/appointment to regular establishment on a scale of pay in the entry grade alone will be counted as service qualifying for grade promotion. Service rendered prior to the date of such absorption to the entry grade such as Daily Wages Service and service in posts outside the O.P. No. 26632/2002. -: 4 :- approved channel will not be taken as qualifying service for grade promotion.” Rule (c) thereof reads thus: “(c) Approved channel of regular promotion for each category allowed as per Agreement, is furnished in the Chart appended. Service in posts outside such prescribed channels of promotion shall not be counted as qualifying service. Eg: (i) Service as work Assistant will not be counted as qualifying service for the grade promotion of Electrician II Grade, as the regular channel of his promotion is Mechanic II Grade. (ii) Service as Conductor II Grade will not be counted as qualifying service for grade promotion from the post of L.D. Clerk as it is outside the regular channel of promotion to the post. (iii) Previous service of a Stenographer II Grade as L.D. Typist will not be counted as qualifying service for grade promotion to Stenographer I Grade. 6. I am of opinion that these rules have to be read in conjunction with Ext. P1(a). Ext. P1(a) categorically states that deputation period would be counted for the purpose of increment on promotion falling due during the period of deputation. As rightly pointed out by counsel for the petitioner, Rule 9(a) of Ext. P9 as explained by Rule 9(c) is applicable only when a Kerala State Road Transport Corporation employee puts in service in different channels of promotion in Kerala State Road Transport Corporation itself. When there is a specific rule regarding deputation, I do not think that clause 9(a) of Ext. P9 can govern the issue. If that be so, the petitioner is entitled to count his deputation for the purpose of promotion. In that view Exts. P6 and P7 are unsustainable. Accordingly, the same are quashed. The 1st respondent is directed to re-fix the O.P. No. 26632/2002. -: 5 :- petitioner's pay granting the promotions which fell due to the petitioner during his period of deputation, taking into account the service on deputation also. Orders in this regard shall be passed and arrears of salary and retirement benefits due to the petitioner arising therefrom shall be disbursed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The original petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/