IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 24229 of 2006(H) -------------------------- PETITIONER(S): -------------------- 1. K.V. VIJAYAN, DEMONSTRATOR, GOVERNMENT POLY TECHNIC COLLEGE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. A.P. BALAKRISHNAN, WORKSHOP INSTRUCTOR(MECHANICAL), GOVERNMENT POLY TECHNIC COLLEGE,PERINTHALMANNA,MALAPPURAM DISTRICT BY ADV. SRI.P.M.PAREETH SMT.C.C.JANCY SRI.MOHAMMED SHAMEEL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT.HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, ALONG WITH W.P.(C)No.25901/06 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 24229/06 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.GO(P)NO.554/84(597)FIN. DT.27.9.84 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF CIRCULAR DT.6.11.92 NO.54/92/(136)FIN. ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF LETTER NO.EB4/21574/06 DT.25.7.06 ISSUED BY THE 2ND RESPONDENT TO THE PRINCIPAL, GOVERNMENT POLY TECHNIC COLLEGE, PERINTHALMANNA AND COPIES TO THE PETITIONERS. EXT.P4: COPY OF JUDGMENT DT.18.7.02 IN OP.13985/98 OF THIS COURT. EXT.P5: COPY OF LETTER NO.30767/L3/02/H.EDN. DT.25.10.03 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P6: COPY OF PROCEEDINGS NO.EB4/25041/02(II) DT.17.2.04 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF REPRESENTATION DT.25.8.06 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF REPRESENTATION DT.25.8.06 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF JUDGMENT DT.9.9.04 IN W.P.(C)No.26404/04(R) OF THIS COURT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos.24229 & 25901 Of 2006-H -------------------------------------------------- DATED THIS THE 27TH DAY OF JULY, 2011 J U D G M E N T The petitioners in both the Writ Petitions are working as Demonstrators and Workshop Instructors in the Polytechnics and in the Government Engineering Colleges concerned. The relief sought for in the Writ Petitions is to quash Exhibit P3 and other orders and to grant a declaration that they are entitled to get higher grade on completion of 10 years of service in the post of Demonstrator/Workshop Instructor. It is claimed that their posting as such is not by way of promotion. 2. The learned Government Pleader relied upon a decision of a Division Bench of this Court in Writ Appeal No.2342/08 and connected cases dated 29.9.2008 wherein this Court declined to grant relief to similarly placed persons on the finding that they had obtained promotion from the entry cadre. The above findings are contained in paragraph 5 of the judgment which reads as follows: “But that also shows very clearly that Time Bound Higher Grade is admissible with reference W.P.(C)Nos.24229 & 25901/06-H -2- to the initial entry post only. Since the respondents'/petitioners' posting as Demonstrators is not by transfer, but by promotion, respondents/petitioners are not entitled to get the benefit of grade promotion treating Demonstrator's post as initial entry post. Even if some candidates were wrongly given the above benefit, respondents/petitioners cannot claim the same.” in the light of the above, the legal issue is covered against the petitioners and therefore the Writ Petitions are dismissed. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn