IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 19688 of 2007(R) --------------------------------------- PETITIONER(S): --------------------- P.S. UDAYAKUMARI, SECOND GRADE DRAFTSMAN (HG), OFFICE OF THE CHIEF ENGINEER, SOUTHERN REGION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695 033. BY ADV. MR.B.RAGUNATHAN MR.V.V.MATHEW MR.M.SALIM RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 3. CHIEF ENGINEER, SOUTHERN REGION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695 033. R1 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R2 & R3 BY ADV. MR.C. UNNIKRISHNAN, SC, KWA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19688/2007-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 20/07/2004 OF THE 3RD RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 28/07/2005 OF THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 30/09/2005 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 29/09/2006. EXT.P5: COPY OF THE ORDER DATED 07/03/2004 OF THE CHIEF ENGINEER, PWD (ADMN.). EXT.P6: COPY OF THE ORDER DATED 26/10/2005 OF THE 3RD RESPONDENT. EXT.P7: COPY OF THE ORDER DATED 09/11/2005 OF THE 3RD RESPONDENT. EXT.P8: COPY OF THE G.O.(P)NO.515/85/FIN. DATED 16/09/1985 (RELEVANT PORTIION). EXT.P9: COPY OF THE G.O.(P)NO.1/91/P & ARD, DATED 07/01/1991. EXT.P10: COPY OF THE G.O.(P)NO.6/06/PWD, DATED 30/01/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 19688 of 2007-R ------------------------------ Dated this the 25th day of August, 2009. J U D G M E N T Heard Sri.B.Raghunathan, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for the first respondent and Sri.C.Unnikrishnan, the learned standing counsel appearing for the Kerala Water Authority. 2. The petitioner is presently working as Grade II Draftsman in the Kerala Water Authority. She entered service on a provisional basis in the year 1982. She was regularly appointed through the Kerala Public Service Commission in the year 1987. By reckoning the provisional service rendered by her, she was granted the first time bound higher grade promotion with effect from 1.4.1996. She was also granted the second time bound higher grade promotion on completion of 18 years of service with effect from 1.4.2004 by Ext.P1 order dated 20.7.2004 in the scale of pay Rs.5135-8160. According to the petitioner since she possessed the qualifications for appointment to the post of Assistant Engineer, she was entitled to the second time bound higher grade in the scale of pay Rs.6935-11460. The petitioner moved the Chief Engineer, Kerala Water Authority claiming second time bound higher grade in the scale of pay Rs.6935-11460. The Chief Engineer forwarded the said W.P(C) No. 19688 of 2007-R 2 representation to the Managing Director. By Ext.P3 letter dated 30.9.2005 the Managing Director declined the petitioner's request. The petitioner thereupon moved the Government by filing Ext.P4 representation dated 29.9.2006. This writ petition was thereafter filed challenging Exts.P1 and P3 and seeking a direction to the respondents to grant her second time bound higher grade promotion on completion of 18 years of service in the scale of pay of Rs.6935-11460. 3. The respondents have filed counter affidavit wherein it is contended that Diploma holders with two years service in the post of Draftsman Grade I /Overseer Grade I alone are eligible for the second time bound higher grade in the scale of pay of Rs.6935-11460. The petitioner has filed a reply affidavit pointing out that Grade II Draftsman with two years service who possess a Diploma engineering are also entitled to be promoted to the post of Assistant Engineer. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The qualifications prescribed for promotion to the post of Assistant Engineer are as follows: "1. (a) Must possess any of the diplomas specified in Section B item (ii) of the Annexure and must have rendered service under Government for a minimum period of two years: or (b) Must possess any of the certificates specified in Section A of item (iii) of the Annexure and must have rendered service under Government for a minimum period of five years of which not less than two years should be in the category of W.P(C) No. 19688 of 2007-R 3 Overseer Grade I." 5. As per the rules governing the grant of second time bound higher grade promotion, employees who possess the qualification prescribed for promotion to the higher post are entitled to higher grade in scale of pay of the promotion post. The learned Government Pleader appearing for the State of Kerala contends that only those employees who are in the feeder category alone can claim higher grade in the scale of pay of the promotion post. In my opinion there is no merit in the said contention. If there is a promotion post and the employee possesses the qualifications prescribed for the post they will be entitled to have the higher grade granted in the scale of pay of the promotion post. It is not stipulated that the post held by the employee should be one which is in the feeder category for promotion. In any case there is no stipulation that only an Overseer Gr. I with two years service is entitled to get the higher scale of pay. There is no stipulation in the rules that Draftsman Gr. II/Overseer Gr. II are not eligible to be promoted to the category of Assistant Engineer. The petitioner who possess the qualifications prescribed for the promotion post is in my opinion entitled to the second time bound higher grade promotion in the scale of pay Rs.6935-11460 with effect from 1.4.2004. I accordingly dispose of this writ petition with a direction to W.P(C) No. 19688 of 2007-R 4 respondents 2 and 3 to issue revised orders sanctioning second time bound higher grade promotion to the petitioner on that basis and to disburse the arrears expeditiously. Steps in that regard shall be taken and completed within three months from the date on which the petitioner produces a certified copy of this judgment before the Managing Director, Kerala Water Authority. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab