IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WA.No. 817 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7267/2008 Dated 03/03/2008 .................... APPELLANT/PETITIONER: ----------------------------------- A.T. THOMAS, S/O. THOMAS OUSEPH, ALAKKALAYIL HOUSE, THELLAKOM P.O.,KOTTAYAM-686 016. (STORE ISSUER, KSRTC, PONKUNNAM). BY ADV. SRI.K.P.JUSTINE RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE EXECUTIVE DIRECTOR(ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. - R1- R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.817 OF 2008-B ---------------------------------------------------- Dated this the 10th day of June, 2008. JUDGMENT Koshy, J: The appellant joined in the service of the K.S.R.T.C as Conductor on 7.9.1981. He applied for a category change on health grounds. The K.S.R.T.C considered the request of the petitioner and allowed him to work as Store Issuer from 1.6.2000 onwards. Now he wants to go back as Conductor with retrospective effect from 1.6.2000 as he would have reached in Scale No.IX i.e., Station Master. It is submitted that for a category change, concurrence of the P.S.C is required. Here, concurrence of the P.S.C was not given. Therefore, according to him, category change was not correct. It is the petitioner who applied for a posting as Store Issuer. He is estopped from questioning the change in the category. It is true that as per Clause XXIX of the agreement, concurrence of the P.S.C is required only for a category change in the equivalent scale and not for a posting to a lower grade. At the request of the petitioner on medical grounds once category change was granted, he cannot be allowed to draw scale of pay in the W.A.NO.817/08 . 2 original category without working in that post. Here there was no category change in the equivalent grade as per Clause XXIX . But, on medical ground, his request was granted as Store Issuer because he was unable to do the work during that period. According to the appellant, the accident occurred during the course of employment. That is an entirely different aspect. This was a request posting as he was unable to do the work of a Conductor. There was a possibility of termination of his service. After requesting for a category change and availing that benefit, he cannot challenge that category change was illegal. The appellant will not be entitled for the Conductor's salary for the period during which he was working as Store Issuer. But it is submitted that he was not given the yearly increments. The K.S.R.T.C is bound to give yearly increments in their transferred post that is applicable to the Store Issuer. If that is not given, that should be given from the due date including arrears of salary. It is stated that the petitioner has now produced a certificate and filed Ext.P5 representation certifying that he is able to do the work of a Conductor and by Ext.P5 he represented for a change over to the parent category as Conductor. That was submitted on 15.2.2008. Medical certificate was also produced. W.A.NO.817/08 . 3 2. Accordingly, he is entitled to be posted as conductor with effect from 15.2.2008 and he is entitled for the salary as Conductor and the K.S.R.T.C ought to have allowed his representation and therefore the petitioner is directed to be posted as Conductor notionally with effect from 15.2.2008 and salary to be fixed accordingly. The writ appeal is disposed of as above. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl W.A.NO.817/08 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. W.A.NO.817 OF 2008-B JUDGMENT 10th day of June, 2008.