IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 20613 of 2011(B) ------------------------------------- PETITIONER: RAJENDRAN B, SEMISKILLED WORKER, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM (AGED 56, S/O.BHASKARAN,VATTAVILAKATHU VEEDU, AITHOOR, ALARAMAPURAM, THIRUVANANTHAPURAM). BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: 1. KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.NO.H,232 (HANTEX) OOTTUKUZHY, THIRUVANANTHAPURAM 695 001 REP. BY MANAGING DIRECTOR. 2. GENERAL MANAGER, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM 695 018. BY ADV. SRI.T.M.RAMAN KARTHA, SC, HANTEX FOR R-1& 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 20613/2011 PETITIONER'S EXHIBITS: EXT. P1 PHOTOCOPY OF THE ORDER BEARING NO.PH.PH/WORKER-16/51 DT. 25.9.91 EXT. P2 PHOTOCOPY OF THE ORDER BEARING NO.PH.PH/EST/FACTORY/J.G/06 DT.19.8.06 EXT. P3 PHOTOCOPY OF THE JUDGMENT IN WPC 14388/00 DT. 12.8.00 OF THE HON'BLE HIGH COURT EXT. P4 PHOTOCOPY OF THE PROCEEDINGS BEARING NO.A4/454/HANTEX H.O/04 DT. 19.7.10 /TRUE COPY/ P.N.Ravindran, J. ------------------------------------------- W.P.(C)No.20613 of 2011 ------------------------------------------- Dated this the 8th day of August, 2011 JUDGMENT The petitioner is a Semi-skilled Worker in the service of Kerala State Handloom Weavers' Co-operative Society Ltd., otherwise known as HANTEX. He entered service on 01.07.1976 as a piece rate worker. With effect from 01.01.1987, he was employed as an Unskilled Worker. He was promoted as Semi-skilled Worker as per Ext.P1 order dated 25.09.1991 with effect from 01.10.1991. By Ext.P2 order dated 19.08.2006, petitioner was sanctioned second time higher grade benefit on completion of eight years of service in the first promoted post of Semi-skilled Worker. Though by that order his pay was re-fixed with effect from 01.12.1999 in the scale of pay of `.4000- 90-4090-100-6090, the arrears consequent of such fixation were disbursed only with effect from 01.05.2006. This writ petition is filed challenging the stipulation in Ext.P2 to the effect that though the petitioner is entitled to second time bound higher grade promotion on completion of eight years of service in the first promoted post with effect from 01.12.1999, the monetary benefits on that count will be disbursed only with effect from 01.05.2006. WPC 20613/2011 2 2. The issue raised by the petitioner is covered in his favour by the decision of this Court in W.P.(C)No.14388 of 2009 (Ext.P3). The said decision was confirmed by a Division Bench of this Court in W.A. No.85 of 2010. By Ext.P3 judgment, this Court held that persons similarly placed as the petitioner are entitled to payment of arrears consequent on grade promotion with effect from the date on which they were given grade promotion. In the light of the binding decision of this Court, which has been given effect to and implemented also, I am of the opinion that the petitioner is entitled to succeed. I accordingly allow the writ petition, quash the stipulation in Ext.P2 to the effect that petitioner will be given the monetary benefits consequent upon grade promotion only with effect from 01.05.2006 and declare that he will be entitled to payment of arrears consequent on the grant of second time bound higher grade promotion on completion of eight years of service in the first promoted post of Semi- skilled Worker with effect from 01.12.1999. The respondents shall compute the monetary benefits payable to the petitioner and disburse the same expeditiously and in any event, within one month from the date on which the petitioner produces a certified copy of this judgment before the Managing Director of the HANTEX. (P.N.Ravindran, Judge) tkv