IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WA.No.423 of 2008 (C) --------------------------- (AGAINST JUDGMENT IN O.P.26719/02 DT.03/07/07) APPELLANTS: RESPONDENTS: ---------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ELEC.), GENERAL KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT: PETITIONER: -------------------------------- R. KRISHNAN KUTTY, SUB ENGINEER, K.S.E.BOARD,ELECTRICAL MAJOR SECTION THIRURANGADI, MALAPPURAM DISTRICT. ADV. SRI.M.SREEKUMAR FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.423 of 2008 ------------------------------------------------ Dated this the 23rd day of October, 2008 JUDGMENT Koshy, J The respondent/writ petitioner and one Vijayakumaran Nair joined the service of Electricity Board as Electricity Worker in June, 1983. Both were promoted on the same date i.e. 01/01/1987 as Junior Line Assistant. On 30/09/1992, the respondent/petitioner was promoted as Meter Reader skipping the intermediary cadre of Line Assistant. On 17/03/1994 only Vijayakumaran Nair was promoted as Line Assistant and within five months, on 31/08/1994 he was further promoted as Meter Reader. Here, writ petitioner was promoted as Meter Reader on 30/09/1992 whereas W. A. No.423 of 2008 -2- Vijayakumaran Nair was promoted as Meter Reader only after two years i.e. on 31/08/1994. Vijayakumaran Nair has salary in a higher pay scale than the respondent/petitioner because in the lower category of Junior Line Assistant he worked more years than the writ petitioner and earned more increments. Therefore, the learned Single Judge found that it is an anomaly and the Writ Petitioner also should be paid as the same as Vijayakumaran Nair. Respondent/petitioner got promotion as Meter Reader on 30/09/92. Vijayakumaran Nair got promotion in August, 1994, after two years. Merely because respondent/petitioner got early promotion, his salary cannot be less than the salary of Vijayakumaran Nair. On the basis of the decision in Union of India v. O.P.Saxena [(1997) 6 SCC W. A. No.423 of 2008 -3- 360] it was argued that this is not an anomaly to be rectified in the pay revision order. We are of the view that since Vijayakumaran Nair and respondent/Writ Petitioner were appointed in the same month and promoted as Junior Line Assistant on the same day and the writ petitioner was promoted in the cadre of Meter Reader two years prior to Vijayakumaran Nair, certainly this will be an anomaly and this has to be rectified. Merely because for more years Vijayakumaran Nair has worked than the respondent/petitioner as Junior Line Assistant, respondent/petitioner will not be denied the right of stepping up his pay to that of his junior. In the post of Meter Reader, Vijayakumaran Nair was junior to respondent/ petitioner. We fully agree with the views of W. A. No.423 of 2008 -4- the learned Single Judge. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-