IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 RP.No. 365 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.4651/2008 Dated 01/12/2009 .................... REVIEW PETITIONER(S): RESPONDENTS 1 TO 4 ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI N.MANOJ KUMAR RESPONDENT(S): PETITIONER AND RESPONDENTS 5 AND 6 ------------------------------------------------- 1. M.M. VARKEY, LIBRARIAN GRADE-IV, AL-AMEEN COLLEGE, EDATHALA, ERNAKULAM DISTRICT. 2. THE MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 3. THE PRINCIPAL, AL-AMEEN COLLEGE, EDATHALA, ERNAKULAM DISTRICT. SRI.ELVIN PETER P.J. FOR R1 SRI T.A.SHAJI FOR R2(SC) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- R.P.No.365 OF 2010 in W.P.(C)No.4651 of 2008 --------------------------------- Dated this the 24th day of May, 2010 ORDER The Review Petition is filed for a limited relief, viz; to modify the operative portion of the judgment. It is pointed out that this Court by the judgment directed to grant the benefit of Higher Grade, viz, Second Higher Grade to the petitioner with effect from 1.7.2004. It is pointed out that actually the scheme came into effect only from 1.3.2006 and therefore the petitioner in the Writ Petition will be eligible to get the benefit of Higher Grade only from 1.3.2006. It is mentioned in Ground B of the Review Petition that since the petitioner has completed 18 years prior to 1.3.2006, he is entitled to get second Higher Grade on completion of 18 years in the revised scale, since all promotion/time bound higher grade effected after 1.7.2004 shall be deemed to have been made in the revised scale of pay as per Clause 7(1) of Annexure II to the G.O. Dated 25.3.2006. 2. It is pointed out by the learned Government Pleader that the 1st respondent has completed 18 years on 2.3.2005 and R.P.No.365/10 in W.P.(C) No.4651/08 -2- therefore he will be eligible to get the benefit of Higher Grade from 2.3.2005. 3. Heard the learned counsel for the writ petitioner also. In that view of the matter, the operative portion of the judgment is modified. It is declared that the petitioner will be entitled to get the benefit of second Higher Grade with effect from 2.3.2005. The judgment is modified to that extent only. The Review Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn