IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 15442 of 2010(E) -------------------------- PETITIONER(S): ---------------------- P.T.OUSEPH, THIRD GRADE OVERSEER, L.S.G.D.SECTION, POOKKOTTUR, MALAPPURAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, P.W.D.(ADMINISTRATON), THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15442/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT PAGES (PAGES 1 AND 188) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006. EXT.P2: TRUE COPY OF THE RELEVANT PAGES (PAGES 1, 25 AND 26) OF THE ORDER GO(P) NO.145/2006/FIN. DT 25.3.2006. EXT.P3: TRUE COPY OF THE ORDER NO.EB5-12548/2009 DT 6.1.2010 ISSUED BY THE 3RD RESPONDENT. EXT.P4: //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 15442 OF 2010 (E) ===================== Dated this the 5th day of July, 2010 J U D G M E N T Petitioner is a Third Grade Overseer in the Local Self Government Department. Third time bound higher grade in the Scale of pay of Assistant Engineer was granted to the petitioner and subsequently, that was cancelled. It was that order, which is under challenge in this writ petition. 2. Similar issue was considered by this Court in WP(C) No.29705/09 and connected cases, and by judgment dated 25th of May, 2010, those writ petitions were allowed. In view of the fact that the issue raised in this writ petition is thus covered, this writ petition is also disposed of holding that the cancellation of the third time bound higher grade granted to the petitioner is illegal and directing that the petitioner shall be given higher grade in the scale of pay of Assistant Engineer. It is also directed that consequential benefits shall be disbursed as expeditiously as possible. ANTONY DOMINIC, JUDGE Rp