IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WA.No. 773 of 2005(C) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11958/2004 Dated 22/07/2004 .................... APPELLANTS / RESPONDENTS: ---------------------------------- 1. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER (FINANCE) MR. MANOJ KUMAR RESPONDENT: --------------- V.M.ABDULSALAM, RETD. ASSISTANT REGISTRAR, (INDUSTRIES), "ZEPHYRUS", H.NO. K.P.VI-312, KAKKODI P.O., KOZHIKODE. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ========================================= W.A.No.773 of 2005 =============================== Dated this the 7th day of April, 2009. J U D G M E N T Balakrishnan Nair, J. Respondents in the writ petition are the appellants. The respondent herein filed the writ petition claiming that he should be given increment for the period from 11.2.1985 to 12.4.1987 in the post of Assistant Registrar. The petitioner submits that he was a provisional promotee in that post during the above said period and he was not granted any increment. The learned Single Judge by the judgment under appeal directed that increment should be granted for the provisional service rendered by him during the above period. The appellants in the appeal have filed a detailed statement in which it is submitted that the respondent while working as Senior Co-operative Inspector was promoted as Assistant Registrar on 11.2.1985 in the scale of pay of Rs.1150-40-1470-50-2270. In that scale, increments were granted to him on 01.02.1986 and 01.02.1987. Later, on 13.04.1987 he was reverted as Assistant District Industries W.A.No.773 of 2005 2 Officer in the scale of pay 1100-10-1500-50-2100. Again he was promoted to the cadre of Assistant Registrar on 06.07.1989 in the scale of pay of Rs.1450-40-1530-60-1830-80-2470-85-2725- 100-2825. At that time his pay was fixed at the maximum of the revised scale of pay ie., at Rs.2,825/-. Later, he was granted one stagnation increment with effect from 1.7.1990 and he retired from service on 30.9.1990. The above facts would show that the respondent was in fact granted increments for the service rendered by him in the post of Assistant Registrar from 11.2.1985 to 13.4.1987. The direction, therefore given by the learned Single Judge in the judgment under appeal is unsustainable. Accordingly, the said judgment is reversed, the appeal is allowed and the writ petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. bkn/-