IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 36780 of 2007(C) -------------------------- PETITIONERS: ---------------------- 1. R.GURUVAYURAPPAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, PALLASSANA, PALAKKAD. 2. P.SIVASANKARAN ACHARY, AGRICULTURAL OFFICER, KRISHI BHAVAN, AYILOOR, PALAKKAD. 3. P.RAVEENDRANATHAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, NALLEPULLY, PALAKKAD. 4. SREEKUMAR, AGRICULTURAL OFFICER, STATE SEED FARM, KONGADU, PALAKKAD. 5. P.VASUDEVAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, KADAMBAZHIPURAM, PALAKKAD. 6. K.RAVEENDRAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, SREEKRISHNAPURAM, PALAKKAD. 7. K.RAMAKRISHNAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, SREEKRISHNAPURAM, PALAKKAD. 8. M.D.RAVEENDRAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, ANTHIKKAD, THRISSUR. 9. R.SASIKUMARAN NAIR, AGRICULTURAL OFFICER, KRISHI BHAVAN, THRIKKATIRI, PALAKKAD. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN --2-- RESPONDENTS --- ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT OF KERALA, AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AGRICULTURAL, THIRUVANANTHAPURAM. 3. THE PRINCIPLE AGRICULTURAL OFFICER, PALAKKAD. 4. THE PRINCIPLE AGRICULTURAL OFFICER, THRISSUR. 5. ACCOUNT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON 30/11/2011 DELIVERED THE FOLLOWING: MM WP(C).No. 36780 of 2007(C) APPENDIX P1 COPY OF THE GOVERNMENT ORDER NO.M.S. NO.85/89/KRISHI DATED 13-11-89 ISSUED BY THE 1ST RESPONDENT P2 COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT ON 14-8-2000 P3 COPY OF THE CLARIFICATION LETTER NO. 19751/EA2/03/KRISHI DATED 13-11-2003 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT P4 COPY OF THE ADMISSION TICKET ISSUED BY THE PSC P5 COPY OF THE SELECT LIST PUBLISHED BY THE 2ND RESPONDENT ON 21-5-2005 P6 COPY OF THE STATEMENT OF PAY IN THE HIGHTER GRADE/SENIOR GRADE SELECTION GRADE SANTIONED IN G.O(P) NO. 145/2006 OF THE IST PETITIONER P7 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O(P) NO. 145/2006 OF THE 2ND PETITIONER P8 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 3RD PETITIONER P9 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO.145/2006 OF THE 4TH PETITIONER P10 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 5TH PETITIONER P11 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 6TH PETITIONER WP(C).No. 36780 of 2007(C) --2-- P12 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 7TH PETITIONER P13 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 8TH PETITIONER P14 COPY OF THE STATEMENT OF PAY IN THE HIGHER GRADE/SENIOR GRADE SELECTION GRADE SANCTIONED IN G.O.(P) NO/145/2006 OF THE 9TH PETITIONER RESPONDENTS EXHIBITS NIL TRUE COPY P.A.TO JUDGE MM S.SIRI JAGAN,J. ------------------------ WP(C) No.36780 OF 2007 --------------------------------- Dated this the 30th day of November , 2011 J U D G M E N T Petitioners joined service of the Government of India as Agricultural Assistants (formerly Agricultural Demonstrators) . They were appointed as Agricultural officers after being selected by the PSC for such appointment. According to th petitioners, since the appointment of Agricultural Assistants as Agricultural officers is by transfer, they are entitled to claim time bound higher grade promotion on completion of 10,18 and 23 years in the cadre of Agriculture Officer, in so far as their entry cadre is as Agricultural Officers . But that benefit was denied to them on the ground that the method of appointment to the post of Agricultural officer is by promotion. 2. In the above circumstances, the petitioners seek time bound higher grade promotion and fixation of pay accordingly. The petitioners seek the following reliefs. WP(C) No.36780 OF 2007 2 “It is most humbly prayed that this Hon'ble Court may be pleased to direct the respondents to accept Exts.P6 to P14 and sanction the pay fixation and higher grade promotions admissible to the petitioner.” 3. The first respondent has filed a counter affidavit wherein the stand taken is that although it is by selection by the PSC, the method of appointment as Agricultural officer is by promotion by selection. In support of that contention, the first respondent has produced Ext.R1(a) order containing the recruitment rules for the post of Agricultural Officer. As per the same,the method of appointment is by promotion by selection . That being so, the petitioners cannot take the stand that they have been appointed by transfer and therefore the post of Agricultural Officer is their entry cadre. Consequently, the petitioners are not entitled to the reliefs prayed for in this writ petition . Accordingly, the writ petition is dismissed. S.SIRI JAGAN mm JUDGE WP(C) No.36780 OF 2007 3 WP(C) No.36780 OF 2007 4