IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20522 of 2008(R) -------------------------- PETITIONER: ------------ 1. I.K. GOPALAKRISHNAN, S/O SRI KUNHIKUTTAN, IKKAERAN HOUSE, P.O. BLANGAD, CHAVAKKAD,THRISSUR DISTRICT, (EX E.O., CHIEF ENGINEER, (CR) OFFICE, KERALA WATER AUTHORITY, KOCHI). 2. V.A. VIJAYN, S/O SRI V.A. ACHUTHAN, VACHAKKAL HOUSE, CHOTTANIKKARA P.O., ERNAKULAM, (EX A.O. (GRADE I), CHIEF ENGINEER, (CR) OFFICE, KERALA WATER AUTHORITY, KOCHI. 3. V.M.AISHA, ADMINISTRATIVE OFFICER (GRADE I), OFFICE OF THE CHIEF ENGINEER (CR), KERALA WATER AUTHORITY, KOCHI. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. BY STANDING COUNSEL ADV. SRI.J.KRISHNA KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20522 of 2008 -------------------------- Dated this the 8th July, 2008 J U D G M E N T First petitioner was promoted as Accounts Officer (Grade II) while working as Senior Superintendent/Revenue Officer on 1.1.2007 and retired from service on 30.11.2007. Second petitioner while working as Junior Superintendent was promoted as Divisional Accountant in the year 2002. He was later promoted as Senior Superintendent/Revenue Officer and as an Accounts Officer Gr.I in 2006. He retired from service on 31.5.2007. In so far as the 3rd petitioner is concerned, she was promoted as Senior Superintendent/Revenue Officer in the year 2005 and was promoted as Accounts Officer Gr.II. Thereafter, she was promoted as Administrative Officer Gr.I in 2007. 2. According to the petitioners, pursuant to G.O (P) No.54/99/Ir.D dated 19.8.1999 revising the scales of pay, service benefits and other related issues in respect f the employees of the Water Authority, it was decided that W.P ( C) No.20522 of 2008 2 20% of the posts of Senior Superintendents will be placed as Senior Superintendent (Higher Grade). Petitioners contend that they should normally be placed in the scale of Senior Superintendent (Higher Grade) but since they had already been promoted as Accounts Officer Gr.II in the meanwhile, their pay was not fitted in the scale applicable to Senior Superintendent (Higher Grade). Had it been done on promotion as Accounts Officer Gr.II, petitioner would have derived the benefit of pay protection, it is contended. Petitioners claim that they should have been promoted to the post of Accounts Officer Gr.II after giving them the benefit of the pay scale of Senior Superintendent (Higher Grade). These aspects are stated in Exhibit-P2 representation filed by one of the petitioners. It has to be considered by the Managing Director. 3. I heard learned counsel for the petitioner and learned standing counsel for the Water Authority. 4. The request made by the petitioners would be essentially stepping up of the pay in the scale of Accounts officer Gr.II on the premise that there was disparity in the W.P ( C) No.20522 of 2008 3 pay of petitioners vis-a-vis with juniors who had been promoted as Accounts Officer Gr.II subsequent to the petitioners, after being fitted in the scale of pay of Senior Superintendent (Higher Grade). Petitioners request merits consideration. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider the petitioners' case. To enable the 2nd respondent to do so, petitioners may file a comprehensive fresh representation within a period of three weeks from today. If it is so done, it shall be considered and decision shall be taken, after hearing the petitioners, within a period of three months thereafter. Exhibit-P5 order stated to have passed pursuant to Exhibit- P4 judgment shall also be taken into account by the Managing Director before orders are passed on the representation to be filed by the petitioners. (V.GIRI, JUDGE) ma W.P ( C) No.20522 of 2008 4 W.P ( C) No.20522 of 2008 5