IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 92 of 2010() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25874/2008 Dated 17/09/2009 .................... APPELLANT(S): RESPONDENTS IN WPC -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (PWD),THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ADMN),PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM. 3. THE ASSISTANT EXEUCTIVE ENGINEER, PWD ROADS SECTION, MELATTUR. 4. THE ASSISTANT EXECUTIVE ENGINEER, PWD BRIDGES SUB DIVISION,MANJERI. 5. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SECTION WANDOOR. 6. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS, SECTION,PERINTHALMANNA. 7. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SECTION, MALAPPURAM. 8. THE SENIOR AUDIT OFFICER, ACCOUNTANT GENERAL OFFICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU. RESPONDENT(S): PETITIONERS IN WPC --------------------------------- 1. P.K.RAJENDRAN,III GRADE OVERSEER, PWD BRIDGES SECTION, MANJERI. 2. YOUSUF HAROON.C.,III GRADE OVERSEER, PWD BRIDGES SECTION, MANJERI. 3. T.K.ABOOBACKER, III GRADE OVERSEER, PWD ROADS SECTION, PERINTHALMANNA. 4. BASHEER KOZHISSERY, III GRADE OVERSEER, PWD ROADS SECTION, MELATTOR. 5. ABDUL AZEEZ MUSLYARAKATH, III GRAD OVERSEER, PWD ROADS SECTION, MANJERI. 6. MUHAMMED ABDU REHIMAN.K.III GRADE OVERSEER, PWD ROADS SECTION, MANJERI. 7. KUNHAN T.P. III GRADE OVERSEER, PWD ROADS SECTION, MALAPPURAM. 8. E.V.RAMACHANDRAN, III GRADE OVERSEER, PWD ROADS SECTION,WANDOOR, MALAPPURAM DISTRICT. ADV.SRI.VELLAYANI SUNDERARAJU. ADV. SRI.K.P.UNNIKRISHNAN FOR R1 TO 8' THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.92 of 2010 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. The respondents in the writ petition are the appellants. The writ petitioners are the respondents herein. The respondents/petitioners are J.T.S.L.C. holders, working as Overseers Grade III, in the Public Works Department. They were stagnating in that post, without promotion for more than 23 years. They claimed grade promotion, on completion of 10 years, 18 years and 23 years of their service respectively. Since under the relevant orders, their claim was not admissible, the Government, by Ext.P1 Special Order issued on 30.1.2006, considered their claims and granted reliefs to them. As a result, they were given up-gradation to the next Higher Grades, on completion of 10 years, 18 years and 23 years respectively. Later, audit objection was raised, stating that they were entitled to get the up-gradation, only with effect from 30.1.2006. According to the auditors, since Ext.P1 was silent regarding the retrospectivity, the benefits could be given only prospectively. In that view, Ext.P6 audit objection was raised. Challenging Ext.P6, the writ petition was filed. The learned Single Judge, after hearing both sides, allowed the writ petition and WA NO.92/2010 2 quashed Ext.P6. Hence, this Writ Appeal. 2. We heard the learned Government Pleader, who appeared for the appellants. It is submitted that since Ext.P1 does not specify with effect from which date, the benefits could be granted, the auditors rightly objected to it, saying that it could be given only prospectively. But, having regard to the nature of Ext.P1, the said contention cannot be countenanced. The respondents/writ petitioners claimed that they should be given higher grades, on completion of 10 years, 18 years and 23 years respectively. That means, the benefits should be granted retrospectively. That claim was upheld by the Government, by Ext.P1. Therefore, they are entitled to get the up-gradation, with effect from the dates on which the higher grades became due to them. Therefore, we find nothing wrong with the decision taken by the learned Single Judge. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.92 of 2010 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.