IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WA.No. 678 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.11480/2008 Dated 24/09/2008 .................... APPELLANT(S): RESPONDENTS IN WPC -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT: PETITIONER IN THE WPC. ------------------------------------- K.A.VIJAYAN, ENGINEERING INSTRUCTOR, GOVERNMENT MODEL HIGHER SECONDARY SCHOOL FOR BOYS, THRISSUR, THRISSUR DISTRICT. ADV. SRI.P.M.PAREETH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, ALONG WITH WA NO. 708 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A.Nos.678 & 708/2009 ------------------------------ Dated this, the 23rd day of December, 2009 JUDGMENT Balakrishnan Nair, J. W.A.No.678/2009: The respondents in the Writ Petition are the appellants. They are aggrieved by the direction of the learned Single Judge to grant the respondent the scale of pay of Assistant Lecturer on completion of 10 years' service in the post of Workshop Instructor. 2. The brief facts necessary for the disposal of the case are the following: The respondent joined service as Workshop Attender on 21.12.1983. He was promoted as Skilled Assistant Grade II on 30.9.1985 and again as Workshop Instructor on 12.10.1988. Whether the appointment of the respondent to the post of Workshop Instructor was by promotion or by transfer was a point of dispute between the parties. But, treating the said WA Nos.678 & 708/2009 - 2 - appointment as an appointment by transfer, the respondent was granted higher grade by the Government, as per Ext.P3 order dated 11.08.2005. But, he was granted higher grade only in the scale of pay of Rs.5500-9075. He claimed the scale of pay of Rs.6675-10550, which is the scale of pay of Assistant Lecturer. That post is the promotion post of Workshop Instructor. That dispute led to the filing of the present Writ Petition. He also claimed 18 years' second higher grade on completion of 18 years' service in the post of Workshop Instructor. The claim of the respondent, as mentioned earlier, concerning the first higher grade on completion of 10 years' service, was allowed by the learned Single Judge. On the second claim, there was a direction to consider his claim in accordance with law, to the competent authority. 3. The learned Government Pleader, who appeared for the appellants, submitted that the post of Assistant Lecturer was abolished by the Government on 21.12.1998. Therefore, the scale of pay applicable to that post cannot be granted after the said date. In the absence of a promotion post, the WA Nos.678 & 708/2009 - 3 - respondent/writ petitioner is entitled to get only the higher scale of pay provided in the standard scales of pay as per the pay revision order dated 25.11.1998. But, we notice that the respondent's turn for higher grade arose on 26.10.1998. He was granted the higher grade with effect from that date by the Government by Ext.P3 order. The post of Assistant Lecturer was abolished only with effect from 21.12.1998, by order dated 6.7.2001. So, on 26.10.1998 there was a post. If there was a vacancy in the promotion post of Assistant Lecturer, the respondent would have been promoted. The abolition of the post with effect from 21.12.1998 cannot have any impact on the claim of the respondent. In view of the above position, we find nothing wrong with the finding of the learned Single Judge that the respondent is entitled to get the scale of pay of Assistant Lecturer, that is, Rs.6675-10550, as first higher grade. The direction of the learned Single Judge on this point is sustained. Regarding the second claim, the learned Single Judge only directed consideration of the claim in accordance with law. We find no ground to interfere with that direction also. WA Nos.678 & 708/2009 - 4 - In the result, the Writ Appeal is dismissed. W.A.No.708/2009: 4. In view of the judgment in W.A.No.678/2009, this Writ Appeal is also dismissed. K. Balakrishnan Nair, Judge. P. Bhavadasan, Judge. nm.