IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 10312 of 2007(C) --------------------------------------- PETITIONERS: -------------------- 1. P.N.VISWAMBHARAN, SUPERINTENDENT, TECHNICAL HIGH SCHOOL, SHORNUR, PALAKKAD DISTRICT. 2. A.V.PRAVEEN KUMAR, LECTURER, MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PALAKKAD, PALAKKAD DISTRICT. BY ADV. SRI.P.M.PAREETH, ADV. SMT.C.C.JANCY. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, ALONG WITH W.P.(C). 11370/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10312/2007-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. EB4/36147/04 (II) DTD. 25/06/05 GRANTING HIGHER GRADE TO THE P.1. ISSUED BY THE R.2. EXT.P.1.A: COPY OF THE PROCEEDINGS NO. EB4/13387/01 DTD. 22/08/01 GRANTING HIGHER GRADE TO THE P.2. ISSUED BY THE R.2. EXT.P.2: COPY OF THE MARK LIST DTD. 20/07/88 ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATION. EXT.P.2.A: COPY OF THE MARK LIST DTD. 28/0983 ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATION. EXT.P.2.B: COPY OF THE DIPLOMA DTD. 27/09/88 ISSUED TO THE P.1. BY THE STATE BOARD OF TECHNICAL EDUCATION. EXT.P.2.C: COPY OF THE DIPLOMA DTD. 10/11/83 ISSUED TO THE P.2. BY THE STATE BOARD OF TECHNICAL EDUCATION. EXT.P.3: COPY OF THE GOVERNMENT CLARIFICATION NO.24208/PRU-1/96/FIN. DTD. 24/06/1996. EXT.P.4: COPY OF THE GOVERNMENT LETTER NO. 1966 L3/2000/H. EDN. DTD. 06/07/01. EXT.P.5: COPY OF THE JUDGMENT DTD. 27/11/06 IN W.P.(C). NO. 20871/05 OF THE HONOURABLE COURT. EXT.P.6: COPY OF THE ORDER DTD. 08/12/05 ISSUED BY THE R.1. REJECTING THE CLAIM OF THE P.1. EXT.P.7: COPY OF THE G.O. (MS) NO.158/98 DTD. 21/12/98 MENTIONED IN EXT.P.4. RESPONDENTS' EXHIBITS: EXT.R2.A: G.O. (MS). NO. 158/98/H. EDN. DTD. 21/12/98. EXT.R2.B: GOVT. LR. NO. 1966/L3/2000/H. EDN. DTD. 06/07/01. EXT.R2.C: PROCEEDINGS OF DTE DTD. 25/06/05. EXT.R2.D: PROCEEDING OF DTE DTD. 22/08/01. EXT.R2.E: GOVT. LR. NO. 17308/L2/99/H. EDN. DTD. 19/11/99. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. =============== W.P.(C) Nos. 10312, 22408, 28741/07 and 11370, 11468 & 11480 OF 2008 ======================== Dated this the 24th day of September, 2008 J U D G M E N T In these writ petitions, the common claim that is raised by the petitioners is that on completion of 10 years service, they are entitled to Higher Grade equivalent to the scale as applicable to Assistant Lecturers, since they had attained the eligibility for the same prior to 21/12/1998. However, their claim was rejected on the ground that the grant of the scale as applicable to Assistant Lecturers was limited upto 28/2/1997. 2. Similar claims have been considered by this Court in the judgment in WP(C) No.20871/05 produced as Ext.P7 in WP(C) No.28741/07, the same has been allowed. It has been held that as the petitioner therein had become eligible for the same prior to 21/12/1998, he is to be given the scale as applicable to Assistant Lecturer. 3. Since the claims in these writ petitions are identical to the one adjudicated in this court in Ext.P7 judgment, I hold that the petitioners in these cases are also eligible for the higher grade equivalent to the scale as applicable to Assistant Lecturers, on the date they have completed 10 years of service. WPC Nos.10312, 22408, 28741/07 & 11370, 11468 & 11480/08 :2 : 4. In so far as the petitioners in WP(C) Nos.11370,11468 and 11480/08 are concerned, they have a further claim for the second higher grade on completion of 18 years of service. This claim certainly is a matter to be considered in the light of the relevant provisions of the relevant pay revision orders and has to be done by the Director of Technical Education, the 2nd respondent in the writ petitions. 5. Therefore, the writ petitions are disposed of as follows: 1) It is ordered that the petitioners in all these cases are eligible for the higher grade equivalent to the scale as applicable to Assistant Lecturers on completion of their 10 years of service. 2) In so far as the petitioners in WP(C) Nos.11370, 11468 and 11480/08 are concerned, their further claim for second higher grade on completion of 18 years of service shall be examined by the 2nd respondent in the light of the relevant pay revision order. This shall be done, as expeditiously as possible, at any rate within two months of receipt of a copy of this judgment. WPC Nos.10312, 22408, 28741/07 & 11370, 11468 & 11480/08 :3 : 3) The orders rejecting their claims for their Higher Grade will stand quashed. 4) The arrears payable shall also be disbursed within three months from the date of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp