IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 25367 of 2008(T) -------------------------- PETITIONER(S): --------------- 1. THULASEEDHARAN, AGED 55 YEARS, (DIED) S/O K. VELUMBAN, RETIRED EXECUTIVE ENGINEER, RESIDING AT KARAVEETTIL THEKKETHIL SAGARAM NAGAR NO.34, T.K.M.COLLEGE P.O., KOLLAM DISTRICT 691 005. *ADDL.P2 GEETHA THULASEEDHARAN, W/O.LATE.THULASEEDHARAN, AGED 48 YEARS, HOUSE WIFE, RESIDING AT KARAVEETTIL THEKKETHIL, SAGARAM NAGAR NO.34, T.K.M.COLLEGE.P.O., KOLLAM DISTRICT 691 005. *ADDL.P3 ARATHY, AGED 21 YEARS, D/O.LATE.THULASEEDHARAN, B-PHARM II YEAR, RESIDING AT KARAVEETTIL THEKKETHIL, SAGARAM NAGAR NO.34, T.K.M.COLLEGE.P.O., KOLLAM DISTRICT 691 005. *ADDL.P4 ASWATHY, AGED 20 YEARS, D/O.LATE.THULASEEDHARAN, ENGINEERING VTH SEMESTER, RESIDING AT KARAVEETTIL THEKKETHIL, SAGARAM NAGAR NO.34, T.K.M.COLLEGE.P.O., KOLLAM DISTRICT 691 005. *(ADDL.PETITIONERS P2 TO P4 ARE IMPLEADED AS PER ORDER DATED 10/11/2008 IN I.A.NO.14098/08) BY ADV. FR.JOHNY THOTTAM SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY,VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, HRM, VYTHUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM. WPC NO.25367/2008 3. THE CIEF ENGINEER,(DISTRIBUTION SOUTH), POWER HOUSE BUILDING, TIRUVANANTHAPURAM. 4. THE ACCOUNTS OFFICER, (PAY FIXATION) VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 5. THE SECRETARY , ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.Q 232, POWER HOUSE, KOLLAM 691 001. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1-4 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25367/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LETTER NO.EBPS 12/1870/2007 DATED 04/01/2008. P2 : COPY OF PAY OF FIXATION FIXN/A4/07-08/51/10/03/2008 ISSUED BY R4 TO R3. P3 : COPY OF REPRESENTATION DATED 01/02/2008. P4 : COPY OF JUDGMENT DATED 02/06/2008 IN WPC NO.13287/2008 OF THIS HONOURABLE COURT. P5 : COPY OF NOTIFICATION NO.FBPS.12/1817/2007 DATED 31/07/2008 ISSUED BY R2. P6 : COPY OF REPRESENTATION DATED 04/08/2008 SUBMITTED BY THE PETITIONER. P7 : COPY OF ARTICLE VIII OF THE LONG TERMS SETTLEMENT IN 1990 WITH RESPECT OF GRADE PROMOTION. P8 : COPY OF PROCEEDINGS NO.EB2/GRADE PROMOTION/2002- 03/02/KOLLAM DATED 04/05/2002. P8(a) : COPY OF ORDER NO.CE(DS)/EB/Gr. PROMOTION/2007- 08/TVM/1392 DATED 09/05/2007 ISSUED BY R3. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25367 of 2008 (T) --------------------------------- Dated, this the 14th day of December, 2009 J U D G M E N T In this writ petition, the only issue raised for consideration is whether the petitioner is eligible to be given 2nd and 3rd time bound higher grades. 2. Briefly stated, the facts of the case are that the petitioner joined the services of the KSE Board as Assistant Engineer on 23/03/1982. On completion of 10 years, he was given first time bound higher grade with effect from 23/03/1992. 3. Subsequently, in response to the special recruitment conducted, the petitioner offered himself as a candidate and selected by the PSC and was appointed as Assistant Executive Engineer with effect from 13/05/1994. Subsequent to his appointment as Assistant Executive Engineer, counting his service from 23/03/1982 he was granted 2nd time bound higher grade with effect from 04/07/2000. Ext.P8 is the order that was issued. The petitioner was thereafter promoted as Executive Engineer with effect WP(C) No.25367/2008 -2- from 05/11/2003. Again continuing his total service, sanction was accorded to grant 3rd time bound higher grade with effect from 09/05/2007. Ext.P8(a) is the order issued. 4. Later the Board found that the petitioner was not eligible to be granted 2nd and 3rd time bound higher grades. The reason stated is that he having entered service as a fresh recruit as Assistant Executive Engineer with effect from 13/05/1994, could not have taken credit for the previous service rendered, in order to determine his eligibility to grant 2nd and 3rd time bound higher grades. 5. According to the petitioner, Ext.P7 is the Rules on the basis of which the time bound higher grade was granted to him. This rules provides that on completion of 10 years, 18 years and 25 years of service, an employee, who did not get promotion, is eligible for first, second and third time bound higher grades. This necessarily contemplates continued service. 6. In this case, though the petitioner initially entered service, he became an Assistant Executive Engineer by way of direct recruitment. If so, there was a fresh recruitment and WP(C) No.25367/2008 -3- commencement of service and his eligibility for time bound higher grades will have to commence afresh. If so, the stand of the Board that the previous service could not be given credit for reckoning the petitioner's eligibility to be granted 2nd and 3rd time bound higher grades, cannot be said to be without any basis. Therefore, I do not find any merit in the claim of the petitioner, and I affirm the stand of the Board. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg