IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 12910 of 2003(J)
1. S. RAJASEKHARAN NAIR,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
For Petitioner :SMT.M.HEMALATHA
For Respondent :SRI.T.RAVIKUMAR, SC, KSRTC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/01/2008
O R D E R
S.SIRI JAGAN, J.
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O.P. No. 12910 of 2003(J)
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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
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