IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 OP.No. 12910 of 2003(J) ----------------------- PETITIONER: ------------ S. RAJASEKHARAN NAIR, PEON, OFFICE OF THE DISTRICT TRANSPORT OFFICE, K.S.R.T.CORPORATION, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT: ------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAVIKUMAR, SC, KSRTC SRI.JOHNSON P.JOHN, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.12910/2003 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE G.O.(P) NO.535/90/FIN DATED 25/10/1990 OF THE FINANCE (RULES) DEPARTMENT. EXT. P2: COPY OF THE MEMORANDUM NO.PLA.10/72171/90 DTD. 21/5/91 OF THE RESPONDENT. EXT. P3: COPY OF THE UNDERTAKING DATED 15-06-1991. EXT. P4: COPY OF THE JUDGMENT DATED 27-09-2000 IN O.P. NO.23286/2000. EXT. P5: COPY OF THE ORDER NO.PLC2-26356/98 DATED 19-12-2001 ISSUED BY THE RESPONDENT. EXT. P6: COPY OF THE JUDGMENT DATED 12-09-2002 IN O.P. NO.4700/2002. EXT. P7: COPY OF THE ORDER DATED 20-12-2002 ISSUED BY THE RESPONDENT. EXT. P8: COPY OF THE ORDER DATED 05-03-2003 ISSUED BY THE RESPONDENT. EXT. P9: COPY OF THE ORDER DATED 07/03/2003 IN C.C.C. 167/2003. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 12910 of 2003(J) ======================= Dated this the 21st day of January, 2008 JUDGMENT After a period of military service, petitioner joined the service of the respondent Kerala State Road Transport Corporation as a Peon Grade II with effect from 21.4.1987. While so, the Government by order dated 25.10.1990 allowed last grade employees to continue upto the age of 60 years provided they continue to be in the last grade service. The respondent implemented the Government Order and by Ext.P2 memo dated 21.5.1991, declared that Peon Grade II also comes within last grade servants. Thereafter in order to avail of the benefits of continuing upto 60 years, the petitioner submitted Ext.P3 whereby he undertook to forgo further promotion and to continue as last grade servant till the age of 60 years. Petitioner's grievance in this original petition is that relying on Ext.P3, the petitioner has been denied time bound higher grade on completion of 9 years on 21.4.1996, which has not been O.P. No. 12910/2003/J -2- granted to the petitioner. Petitioner therefore seeks the following reliefs: "i) to issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P7 and P8 as illegal and against the direction of this Honourable Court; ii) to grant a declaration that the petitioner is entitled to get grade promotion from scale no.I to scale no.II on completion of 9 years of service and even before his normal date of retirement; iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to give grade promotion to the petitioner ignoring Ext.P3; iv) to issue an interim direction directing the respondent to give grade promotion immediately to the petitioner pending disposal of this Original Petition; And v) grant the petitioner his costs in the above Original Petition and to pass such further orders which may be deemed fit and proper in the circumstances of the case." 2. The contention of the respondent in the counter affidavit is that Higher Grade promotion is also a promotion and since, by Ext.P3, the petitioner has relinquished further promotion by opting to continue in the last grade service till the age of 60 years, petitioner cannot claim time bound Higher Grade. Petitioner points out that this is the 4th round of litigation for the same relief and the petitioner has retired from service also. O.P. No. 12910/2003/J -3- 3. I have considered the rival contentions in detail. It is not disputed before me that in the Government orders applicable, last grade servants are also eligible for time bound higher grade. Simply because higher grade is granted that does not amount to further promotion which has been relinquished by the petitioner as per Ext.P3. Therefore, class IV employees continue to be a class IV employees despite higher grade promotion. This is abundantly made clear in the special rules for Kerala Last Grade Service by adding a note to category 12 of rule 1 thereof which reads thus: "Note: The higher grade posts created for the purpose of giving time bound promotion to members holding any of the categories of posts in the service shall also be treated as posts in the last grade service." 4. That being so, the petitioner cannot be denied time bound higher grade simply because by Ext.P3, the petitioner has relinquished further promotion in order to continue in service till the age of 60 years. In the above circumstances, the petitioner is entitled to time bound higher grade on completion of 9 years as claimed by him. Orders granting such higher grade to the petitioner on completion of 9 years shall be passed within a O.P. No. 12910/2003/J -4- period of one month from the date of receipt of a copy of this judgment. The petitioner's pay and retirement benefits shall be re-fixed accordingly and arrears of monetary benefits shall be paid within a further period of one month from the date of passing of that order. The original petition is disposed of as above. S.SIRI JAGAN, JUDGE jp