IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 26014 of 2008(V) -------------------------- PETITIONER(S): --------------- JANARDHANAN.T, L.D.CLERK, P.H.C.CHERUKUNNU, (PUNNACHERI), P.O.CHERUKUNNU R.S KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ SRI.K.P.PRATHAPAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KANNUR. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 26014 of 2008 --------------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The issue raised in the writ petition is covered against the petitioner by the decision of a Division Bench of this Court in George Varghese v. State of Kerala [2006 (3) KLT 852]. 2. The petitioner is presently working as Lower Division Clerk under the second respondent. Earlier he had worked as a Constable in Police Department. He joined there on 31.3.1982. He was granted 10 years higher grade from the Police Department. Later as per the advice memo issued by the PSC the petitioner joined as Lower Division Clerk in Health Department on 2.10.1998. Thereafter, he was given 8 years higher grade in the post of LDC on 1.7.2007. The petitioner is seeking a higher grade on completion of 23 years after reckoning the combined service in the Police Department as well as in the Health Department. The main relief sought for in the writ petition is for a direction to the respondent to grant 18 years higher grade to the petitioner with effect from 1.1.2001 and 23 years higher grade to the petitioner with effect from 1.1.2006 by taking into account his entire service in Police Department as well as in the Health Department. In the decision of George Varghese v. State of Kerala [2006 (3) KLT 852] it was held as follows: wpc: 26014 of 2008 2 “Time bound higher grade is introduced as the incumbents in service do not get a regular promotion for a longer span of time. The Government issued orders that on completion of certain period of service the incumbents stagnating in one grade shall get next year higher grade but without change duties. One had to stagnate in one post in which he had appointed for a minimum period. Then alone, he will get such time bound higher grade.” In the said case, the appellants who were working in the Motor Vehicles Department sought to add their previous service in the Technical Education department for reckoning the higher grade, the said claim was held not allowable. 3. In the light of the above findings of the Division Bench of this Court, the same principle is applicable to the facts of this case. Therefore, the claim filed by the petitioners cannot be favourably considered by the Government. The writ petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE bps