P.S.Udayakumari vs State Of Kerala on 25 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19688 of 2007(R)


1. P.S.UDAYAKUMARI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. MANAGING DIRECTOR,

3. CHIEF ENGINEER,

                For Petitioner  :SRI.B.RAGUNATHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :25/08/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                   -----------------------------
                      W.P(C) No. 19688 of 2007-R
                  ------------------------------
               Dated this the 25th day of August, 2009.

                            J U D G M E N T

Heard Sri.B.Raghunathan, the learned counsel appearing for the

petitioner, Sri.Antony Mukkath, the learned Government Pleader

appearing for the first respondent and Sri.C.Unnikrishnan, the learned

standing counsel appearing for the Kerala Water Authority.

2. The petitioner is presently working as Grade II Draftsman in

the Kerala Water Authority. She entered service on a provisional basis in

the year 1982. She was regularly appointed through the Kerala Public

Service Commission in the year 1987. By reckoning the provisional

service rendered by her, she was granted the first time bound higher

grade promotion with effect from 1.4.1996. She was also granted the

second time bound higher grade promotion on completion of 18 years of

service with effect from 1.4.2004 by Ext.P1 order dated 20.7.2004 in the

scale of pay Rs.5135-8160. According to the petitioner since she

possessed the qualifications for appointment to the post of Assistant

Engineer, she was entitled to the second time bound higher grade in the

scale of pay Rs.6935-11460. The petitioner moved the Chief Engineer,

Kerala Water Authority claiming second time bound higher grade in the

scale of pay Rs.6935-11460. The Chief Engineer forwarded the said

W.P(C) No. 19688 of 2007-R 2

representation to the Managing Director. By Ext.P3 letter dated

30.9.2005 the Managing Director declined the petitioner’s request. The

petitioner thereupon moved the Government by filing Ext.P4

representation dated 29.9.2006. This writ petition was thereafter filed

challenging Exts.P1 and P3 and seeking a direction to the respondents to

grant her second time bound higher grade promotion on completion of

18 years of service in the scale of pay of Rs.6935-11460.

3. The respondents have filed counter affidavit wherein it is

contended that Diploma holders with two years service in the post of

Draftsman Grade I /Overseer Grade I alone are eligible for the second

time bound higher grade in the scale of pay of Rs.6935-11460. The

petitioner has filed a reply affidavit pointing out that Grade II Draftsman

with two years service who possess a Diploma engineering are also

entitled to be promoted to the post of Assistant Engineer.

4. I have considered the submissions made at the Bar by the

learned counsel appearing on either side. The qualifications prescribed

for promotion to the post of Assistant Engineer are as follows:

“1. (a) Must possess any of the diplomas specified
in Section B item (ii) of the Annexure and must have rendered
service under Government for a minimum period of two years:
or

(b) Must possess any of the certificates specified in
Section A of item (iii) of the Annexure and must have rendered
service under Government for a minimum period of five years
of which not less than two years should be in the category of

W.P(C) No. 19688 of 2007-R 3

Overseer Grade I.”

5. As per the rules governing the grant of second time bound

higher grade promotion, employees who possess the qualification

prescribed for promotion to the higher post are entitled to higher grade

in scale of pay of the promotion post. The learned Government Pleader

appearing for the State of Kerala contends that only those employees who

are in the feeder category alone can claim higher grade in the scale of

pay of the promotion post. In my opinion there is no merit in the said

contention. If there is a promotion post and the employee possesses the

qualifications prescribed for the post they will be entitled to have the

higher grade granted in the scale of pay of the promotion post. It is not

stipulated that the post held by the employee should be one which is in

the feeder category for promotion. In any case there is no stipulation

that only an Overseer Gr. I with two years service is entitled to get the

higher scale of pay. There is no stipulation in the rules that Draftsman

Gr. II/Overseer Gr. II are not eligible to be promoted to the category of

Assistant Engineer. The petitioner who possess the qualifications

prescribed for the promotion post is in my opinion entitled to the second

time bound higher grade promotion in the scale of pay Rs.6935-11460

with effect from 1.4.2004.

I accordingly dispose of this writ petition with a direction to

W.P(C) No. 19688 of 2007-R 4

respondents 2 and 3 to issue revised orders sanctioning second time

bound higher grade promotion to the petitioner on that basis and to

disburse the arrears expeditiously. Steps in that regard shall be taken

and completed within three months from the date on which the petitioner

produces a certified copy of this judgment before the Managing Director,

Kerala Water Authority.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge

ab