IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP.No. 5428 of 2003(U) --------------------------------- PETITIONER(S): ------------------------ P.N. PRABHAKARAN, (RTD. SENIOR SUPERINTENDENT, ELECTRICAL CIRCLE, THODUPUZHA), REVATHY HOUSE, THODUPUZHA, IDUKKI DISTRICT, PIN - 685 584. BY ADV. SRI.BIJI MATHEW RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, TRIVANDRUM-4. 2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, PATTOM, TRIVANDRUM-4 3. THE CHIEF ENGINEER (HRM), K.S.E. BOARD, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM-4 4. THE DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE, THODUPUZHA. R1 TO R4 BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP.No. 5428 of 2003(U) ORDER ON C.M.P. NO.9528/2003 IN O.P. NO. 5428/2003 CLOSED 01/02/2011. SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ABSTRACT OF THE SETTLEMENT ON 19/04/1990 REACHED BETWEEN THE K.S.E.B. & RECOGNISED TRADE UNION. EXT.P2: COPY OF THE ORDER NO.EB1.53/93-94/1072 DATED 16/09/1993 OF THE 4TH RESPONDENT. EXT.P3: COPY OF THE B.O.NO.DSI.1533/89-7(71) DATED 12/11/1990 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE BOARD ORDER NO.2138/95 (ESTT.I)/3857/95 DATED 05/10/1995 OF THE 1ST RESPONDENT. EXT.P5: COPY OF THE NOTE AS PER LETTER NO.PAY FIXN. VI/884/2001/833 DATED 03/07/2001. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 03/08/2001. EXT.P7: COPY OF THE ORDER NO.EB5/GR. PROMOTION/01-02/236/29/01/2002 TO ONE MR.THOMAS JOHN BY THE 4TH RESPONDENT. EXT.P7(a): COPY OF THE ORDER NO.EB5/GR. PROMOTION/01-02/236/29/1/02 TO ONE MR.P.M. MOHAMMED BASHEER BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION BY THE PETITIONER TO THE CHAIRMAN, KSEB ON 22/03/2002. EXT.P9: COPY OF THE JUDGMENT DATED 07/08/2002 IN O.P. NO. 17430/2002(Y) OF THIS HONOURABLE COURT. EXT.P10: COPY OF THE ORDER NO.EB/LAW/OP.17430/02 DATED 14/11/2002 OF THE 3RD RESPONDENT. EXT.P11: COPY OF THE GRADATION LIST SHOWING THE DETAILS OF THE JUNIOR TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.5428/2003-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of February, 2011 J U D G M E N T The petitioner is aggrieved by Ext.P10 order passed by the Chief Engineer rejecting the request of the petitioner for the third higher grade on completion of 25 years of service with effect from 18/12/2000. 2. The petitioner entered service as Cashier on 31/08/1968. He obtained the first promotion as Senior Assistant on 18/12/1975 and was promoted as Senior Superintendent on 25/08/1998. 3. He was granted first higher grade with effect from 01/08/1986 in the scale of pay of Senior Assistant. Thereafter, second and third higher grades had been sanctioned to the petitioner with effect from 31/08/1993 in the scale of Senior Superintendent and on 18/12/2000 in the scale of Assistant Accounts Officer as per Clause iii of Article VIII of Long Term Settlement. According to the petitioner, as per the relevant Board Order (Ext.P3), he is entitled for the third higher grade as on 18/12/2000. But the pay fixation was returned unapproved as per Ext.P5 by the O.P. No.5428/2003 -:2:- Accounts Officer, to which the petitioner filed a representation as per Ext.P6. Exts.P7 and P7(a) are the orders passed in the case of two juniors of the petitioners, namely, one Shri Thomas John and Shri P.M.Mohammed Basheer who were granted third higher grade in the scale of pay of Accounts Officer on completion of 25 years service as Senior Assistant. Thereafter, he filed a detailed representation before the Board as per Ext.P8 to the Chairman of the Board. Later, he approached this Court by filing O.P.No.17430/2002 whereby a direction was issued to the third respondent-Chief Engineer to consider and pass orders on the representation filed by the petitioner and, accordingly, the third respondent passed Ext.P10 order rejecting his claim. Ext.P11 is the Final Gradation List published by the Board which is produced in support of the plea that the juniors to the petitioner has been granted the benefit of third higher grade for the post of Senior Assistant. 4. The entitlement of the petitioner is based on clause iii of Ext.P1. It states that if a workman O.P. No.5428/2003 -:3:- holding a post does not get alteast three promotions/grade promotions within a period of 25 years of joining that post then he will be granted appropriate number of grade promotions so that he gets atleast three promotions/grade promotions on completion of 25 years service in that post. It is pointed out that the petitioner obtained first higher grade in the promoted post of Senior Assistant on 01/08/1986 and the second higher grade in the promoted post of Senior Superintendent on 31/08/1993 and therefore, the third higher is due on completion of 25 years in the first promoted post. 5. Learned Standing Counsel for the Board by relying upon the statements in paragraph (3) of Ext.P10 submitted that the petitioner obtained two regular promotions in the years 1975 and 1998 and two higher grades, in the first promoted post on 01/08/1986 and, second time bound promotion on 31/08/1993 on completion of 25 years from the entry cadre. It is therefore, submitted that the petitioner is not entitled for the third higher grade. O.P. No.5428/2003 -:4:- 6. Evidently, the question is whether the Clause iii of Ext.P1 applies or not. The learned counsel for the petitioner invited my attention to Exts.P7 and P7 (a) orders passed in the case of similarly placed employees who are juniors to the petitioner. Therein, it can be seen that one Shri Thomas John was similarly promoted as Senior Assistant with effect from 10/12/1976, was granted first higher grade from 10/12/1986 and, the second higher grade on 10/12/1994. He was granted third higher grade on finding that he has completed 25 years of service as Senior Assistant on 10/12/2001, with effect from 10/12/2001 itself. As regards Ext.P7(a), it can be seen that Shri P.A.Mohammed Basheer obtained a notional promotion as Senior Assistant on 10/12/1976, was granted first higher grade on 10/12/1986 and, second higher grade on 10/12/1994. Finding that he has completed 25 years of service as Senior Assistant and Senior Superintendent on 10/12/2001, he was found eligible for third higher grade. O.P. No.5428/2003 -:5:- 7. If such juniors have been granted third higher grade on completion of 25 years of service in the first promoted post, the reasons stated in Ext.P10 cannot be supported. Evidently, they have enjoyed the higher grade and pay fixation. Therefore, having decided to give such fixation to the juniors of the petitioner, the denial of the same to the petitioner will amount to discrimination, attracting vice of Article 14 of the Constitution of India. When juniors get higher pay than the senior, it will amount to discrimination. 8. Learned Standing Counsel for the Board submitted that the petitioner opted for third higher grade from the entry post for which he is not eligible. It is pointed out that if reckoned from the entry post, he has obtained two regular promotions and two higher grades. 9. The representation filed by the petitioner will show that what he has claimed is third higher grade from 18/12/2000. Therefore, it is not a case where he is claiming it from 1968. Even if he has O.P. No.5428/2003 -:6:- given a wrong option, that was liable to be corrected in terms of the relevant circulars also. 10. Therefore, the reasons stated in Ext.P10 cannot be supported. The same is quashed. The entitlement of the petitioner for the third higher grade with effect from 18/12/2000 on completion of 25 years of service in the post of Senior Assistant is declared. There will be a direction to the third respondent to pass appropriate orders and grant monetary benefits to the petitioner within a period of two months from the date of receipt of a copy of this Judgment. The original petition is allowed as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms