IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WA.No. 2713 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.21022/2005 Dated 30/10/2009 .................... APPELLANT(S): PETITIONER ------------------------ RAJAN NAIR, AGED 68 YEARS, S/O.KUNJAN NAIR, MANGALATHU HOUSE, THEKKUMKARA, KONATHUKUNNU, THRISSUR DISTRICT, RETIRED MASAPADI, POTHANI DEVASWOM, PADIYUR, THRISSUR DT. BY ADV. SRI.RANJITH THAMPAN SMT.P.A.ANITHA RESPONDENT(S): RESPONDENT ------------------------- THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, THRISSUR. ADV.SRI.K.GOPALAKRISHNA KURUP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2713 OF 2009 --------------------------------------------- Dated this the 5th day of January, 2010 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. He was an employee of the Cochin Devaswom Board. He joined the service of the said Board as Kalavara of the Elamkunnapuzha Temple in 1954. According to the appellant, the post of Kalavara was re-designated as Masappadi and thereafter, he was posted as Masappadi in Ayyampilly Temple. He continued in that post till his retirement on 28.2.1995. An employee continuing in the same post without promotion is entitled to get higher grade on completion of 13 years of service as per Ext.P1 order. The appellant/petitioner claimed the benefit of that order. But, that was rejected by Ext.P3 proceedings. That decision was reconsidered and again affirmed by Ext.P8. Challenging Exts.P3 and P8 and praying for a direction to grant him higher grade on completion of 13 years of service, taking into account his service as Kalavara, the Writ Petition was filed. 2. The respondent resisted the prayers by pointing out that W.A. NO. 2713/2009 2 Masappadi is a promotion post of Kalavara and as evident from Ext.R1(a), extract of the service book, the appellant was promoted as Masappadi from the post of Kalavara in 1976. Since the appellant has already got one promotion, he is not entitled to get the benefit of Ext.P1. The learned Single Judge accepted the said contention and dismissed the Writ Petition and hence, this appeal. 3. We heard the learned counsel for the appellant and also the learned Standing Counsel for the Board. The view taken by the learned Single Judge, relying on Ext.R1(a), cannot be said to be illegal or irrational. We find that no ground has been raised in the appeal to dislodge the said finding. That being so, the appellant, being a person who got promotion, cannot get the benefit of Ext.P1. In the result, the Writ Appeal fails and it is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2713/2009 3 K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO.2713/2009 JUDGMENT 5th January, 2010 W.A. NO. 2713/2009 4