IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 414 of 2009(Y) ------------------------ PETITIONER(S): --------------- 1. ALI ADAVOMPURATH, THIRD GRADE OVERSEER, P.W.D SPECIAL BUIDLING SECTION, MALAPPURAM. 2. K. MOHAMMED, THIRD GRADE OVERSEER, P.W.D BUIDLING SECTION, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D ADMINISTRATION, THIRUVANANTHAPURAM 3. THE ACCOUNTANT GENERAL (AUDIT), KERALA, THRISSUR BRANCH, THRISSUR. MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, ALONG WITH WPC NO. 1998 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.414/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF GOVERNMENT ORDER G.O.(MS) NO.6/2006/PWD DATED 30/01/2006. P2 : COPY OF JUDGMENT DATED 27/09/2006 IN WPC NO.14996/2006. P3 : COPY OF RELEVANT PAGE OF THE SERVICE BOOK OF THE 1ST PETITIONER. P4 : --DO-- --DO-- OF THE 2ND PETITIONER. P5 : COPY OF RELEVANT PAGES OF THE AUDIT OBJECTION RAISED BY R3. P6 : COPY OF COVERING LETTER GIVEN BY the EXECUTIVE ENGINEER, BUILDINGS DIVISION, MALAPPURAM. P7 : COPY OF EXPLANATION GIVEN BY 1ST PETITIONER DATED 03/11/2008. P8 : --DO-- GIVEN BY 2ND PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.414 (Y) & 1998 (K) of 2009 --------------------------------- Dated, this the 27th day of May, 2010 J U D G M E N T The grievance of the petitioners is that by Ext.P1 order dated 30/01/2006, Government have sanctioned higher grade for 10, 18 and 23 years in the scale of pay mentioned therein to the 3rd Grade Overseers in PWD having the qualification of JTSLC and implementation of the said order was only from the date of the Government order. It is in these circumstances these writ petitions were filed praying for giving the benefit of Ext.P1 and removing the anomaly. 2. This very issue came up for consideration before this Court in WP(C) No.25874/08 and that writ petition was disposed of by judgment dated 17/09/2009. The reasoning in the judgment referred to above is contained in paragraph 6, which reads as under:- “In my view, the petitioners are entitled to succeed. The complaint of the petitioners, which led to Ext.P1, was that on completion of 10 years, 18 years and 23 years of service, they WP(C) Nos.414 & 1998/2009 -2- should be given time bound higher grade at the scale as was given to those who were qualified for further promotions. This request of the petitioners was considered, and though on sympathetic and humanitarian grounds, the request was accepted and their eligibility for the benefit as prayed for by them was recognised. Once the claim is recognised as above, the same should necessarily take effect from the date on which the petitioners otherwise became eligible for the time bound higher grade, namely, on completion of 10 years, 18 years and 23 years respectively. On the other hand, if according to the 1st respondent, the benefit under Ext.P1 was to take effect from any other date, that ought to have stated in Ext.P1, which also was not done. It was accordingly that the monetary benefits were extended to the petitioners, which is fully in compliance with the spirit of Ext.P1 and therefore there is no question of any recovery being made from the petitioners.” A reading of the aforesaid paragraph would show that in view of the above, the petitioners are entitled to succeed. Accordingly, these writ petitions are disposed of directing the respondents to give the petitioners the benefit of Ext.P1 w.e.f. 1/11/98 and give consequential benefits. This shall be done, as expeditiously as possible, at any rate, within 8 weeks of production of a copy of this judgment. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg