IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 14999 of 2005(I) --------------------------------------- PETITIONER(S): ------------------------- 1. P.RADHAKRISHNAN, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, NEDIYIRUPPU, P.O.KONDOTTY, MALAPPURAM DISTRICT. 2. K.CHANDRA BHANU, AGRICULTURAL ASSISTANT, K.B.KOLAYAD, KOLAYAD P.O., KANNUR DISTRICT. 3. P.V.CHANDRAN, AGRICULTURAL ASSISTANT, KRISHI BHAVAN DHARMADAM, P.O.PALAYAD, KANNUR DISTRICT. 4. E.GANGADHARAN, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, AYYANKUNNU, KARIKKOTTAKARI, P.O.KOOMATHODE, KANNUR DISTRICT. 5. P.M.RAVINDRAN, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, PANOOR, P.O.ELANGODE, KANNUR DISTRICT. 6. T.M.VASANTHA KUMARI, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, PARAPPANANGADI, P.O.NEDUVA, MALAPPURAM DISTRICT. 7. P.RAMUNNIKUTTY, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, PARAPPANANGADI, P.O.NEDUVA, MALAPPURAM DISTRICT. 8. A.CHITHRANGATHAN, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, A.R.NAGAR, P.O. A.R.NAGAR, MALAPPURAM DISTRICT. 9. K.O.MATHEW, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, CHUNGATHARA, P.O.CHUNGATHARA, MALAPPURAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN Kss ..2/- ..2.... WPC.NO.14999/2005 I RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, AGRICULTURAL OFFICER, MALAPPURAM. 4. THE PRINCIPAL, AGRICULTURAL OFFICER, KANNUR. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14999/2005 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(P) NO.3000/98/FIN. DTD. 25/11/98. P2: COPY OF THE G.O.(MS) 140/2001/AGRL.DTD. 22/05/01. P3: COPY OF THE CIRCULAR NO.SE (2) 23451/02 ISSUED BY THE 2ND RESPONDENT DTD. 2/09/02. P4: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DTD. 24/10/02. P5: COPY OF THE JUDGMENT IN O.P.33714/02 OF THIS HON'BLE COURT DTD. 13/11/02. P6: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD. 8/08/03. P7: COPY OF THE ORDER OF THE 3RD RESPONDENT REJECTING THE PROPOSAL OF THE 1ST PETITIONER. P8: COPY OF THE ORDER OF THE 4TH RESPONDENT REJECTING THE PROPOSAL OF THE 2ND PETITIONER. P9: COPY OF THE REJECTION ORDER IN RESPECT OF 3RD PETITIONER. P10: COPY OF THE REJECTION ORDER IN RESPECT OF 4TH PETITIONER. P11: COPY OF THE REJECTION ORDER IN RESPECT OF 5TH PETITIONER. P12: COPY OF THE REJECTION ORDER IN RESPECT OF 9TH PETITIONER. P13: COPY OF THE ORDER OF THE 4TH RESPONDENT GRANTING HIGHER GRADE TO T.M.MAHINDRAN. P14: COPY OF THE G.O.(MS) 151/04/AD DTD. 22/07/04. P15: COPY OF THE G.O.(MS) 190/04/AD DTD. 25/09/04. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J ................................................ W.P(C) No. 14999 of 2005 ................................................. Dated this the 16th day of December, 2009 J U D G M E N T Petitioners are Agricultural Assistants working under the 3rd and 4th respondent. They have completed 23 years of service. Consequently, they have become entitled to the third higher grade as provided under Ext.P1 pay revision order viz. G.O.(P) No. 3000/98/Fin. dated 25.11.1998. As per the pay revision order, the higher grades have to be given in the scale of pay prescribed in Table II. Clause 6 thereof provides that if there is a promotion post in respect of the categories of the posts in which the time bound higher grade is to be granted and the incumbent possess qualifications prescribed for the promotion post, the incumbent shall be entitled to higher grade in the scale of pay applicable to that post. The next promotion post available to the petitioners is that of Agricultural Field Officer, having the scale of pay of Rs.6500-10550. Petitioners claim for the third higher grade in that scale of pay was rejected by Ext.P7 on the ground that the petitioners do not possess the test qualification prescribed for promotion to the said post as provided in Ext.P2 Government Order W.P(C) No. 14999 of 2005 -2- as modified by Exts.P14 and P15. Petitioners' contention is that although test qualification is a qualification prescribed for promotion to the post of Agricultural Field Officer, by virtue of Rule 13A(1)(b) of the Kerala State and Subordinate Services Rules, where a pass in a departmental test is newly prescribed by the Special Rules, a person who is otherwise qualified need pass the test within 2 years and in the meantime the person is entitled to be temporarily promoted subject to passing of the test within 2 years. The petitioner therefore submits that in the case of higher grade also, the petitioner need acquire the test qualification within two years from the date of grant of higher grade. The petitioner therefore seeks the following reliefs: “a) issue a writ of certiorari calling for the records relating to Ext.P7 to P12 and quash the original of the same. b) declare that the petitioners are also entitled to get third higher grade on completion of 23 years of service in the pay scale of Rs.6500- 10550, as in the case of beneficiaries of Ext.P6 and P13. c) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant third higher grade on completion of 23 years of service to the petitioners in the pay scale of Rs.6500-10550 as in the case of beneficiaries of Ext.P6 and P13. d) issue a writ of certiorari calling for the records relating to Ext.P14 and P15 and quash the W.P(C) No. 14999 of 2005 -3- same to the extent it insist test qualification for getting the third higher grade on completion of 23 years of service in the pay scale of Rs.6500-10550.” 2. A counter affidavit has been filed by the 2nd respondent disputing the contentions of the petitioner. According to the learned Government Pleader, higher grade cannot be decided on the basis of KS&SSR but has to be decided only as per the pay revision order, which only provides for the higher grade. According to the learned Government Pleader, higher grade scales are specifically prescribed in the pay revision order. In respect of the posts for which there is a promotion post employees are entitled to higher grade in the scale of pay applicable to the promotion post only if they possess the qualifications prescribed for that post. Therefore, unless and until it is shown that the incumbents possess the qualifications prescribed for the promotion post he/she will not be entitled to higher grade in the scale of pay applicable to the promotion post. But he/she will be entitled to higher grade in the intermediate scale of pay prescribed in Table II. 3. I have considered the rival contentions in detail. 4. I am inclined to agree with the learned Government Pleader. The Kerala State and Subordinate Services Rules do W.P(C) No. 14999 of 2005 -4- govern the grant of higher grades. Higher grades have been provided for as per the pay revision order and rules for grant of higher grades are also specifically provided for therein. Therefore by importing the provisions of the KS&SSR, the higher grades cannot be given if the persons seeking the higher grade does not come within four corners of the pay revision orders. Pay revision order specifically prescribes that for being eligible for higher grade in the scale of pay applicable to the promotion post, the government servant should possess the qualifications prescribed for the promotion post. It is not disputed before me that the petitioner does not possess the test qualification which is one of the qualifications prescribed for promotion to the post of Agricultural Field Officer. Consequently petitioners are not entitled to higher grade in the scale of pay applicable to the promotion post. But they would be entitled to higher grade in the scale of pay as provided in the table given in the pay revision order. Therefore there is no merit in this writ petition and accordingly the same is dismissed. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge