High Court Kerala High Court

Venugopalan Potty vs State Of Kerala on 20 October, 2008

Kerala High Court
Venugopalan Potty vs State Of Kerala on 20 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30074 of 2008(E)


1. VENUGOPALAN POTTY,
                      ...  Petitioner
2. P.SOLOMON,
3. B.SATHY DEVI,
4. MOHAMMED SHERIFF,
5. VISWAN BINDEH,
6. USHA KUMARI V.N.,

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY,
                       ...       Respondent

2. CHIEF ENGINEER, P.W.D.,

                For Petitioner  :SRI.S.MUHAMMED HANEEFF

                For Respondent  : No Appearance

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

 Dated :20/10/2008

 O R D E R
                               P.N.Ravindran, J.
                         =====================
                         W.P(C).No.30074 of 2008
                         =====================

               Dated this the 20th day of October, 2008.

                                JUDGMENT

The petitioners are Assistant Executive Engineers in the Public

Works Department. They were appointed during the years 1981 and

1982. Till GO (MS) No.43/96/PWD dated 9.2.1996 was issued, the

categories of posts in the Public Works Department Engineering Service

were Chief Engineer, Superintending Engineer, Executive Engineer,

Assistant Executive Engineer and Assistant Engineer. By the aforesaid

Government order, two new grades namely, Special Grade Assistant

Executive Engineer and Special Grade Executive Engineer were added.

Pursuant to the said Government order, 13 Executive Engineers were

promoted as Special Grade Executive Engineers. G.O. (MS) No.43/96/PWD

dated 9.2.1996 was challenged in O.P.No.23889 of 2001 on the ground

that as a result of the introduction of the seven tier system, the State will

have to incur an additional expenditure of Rs.100 crores. Though this

Court repeatedly directed the State to disclose the financial implications

of GO (MS) No.43/96/PWD dated 9.2.1996, that was not done. Later,

orders were issued directing the Principal Secretary to Government,

Finance Department and the Principal Secretary to Government, Public

Works Department to show cause why proceedings for contempt should

not be initiated against them. Thereupon a counter affidavit was filed

WP(C) 30074/08 -: 2 :-

stating that the Government have taken a decision to withdraw G.O.(MS)

No.43/96/PWD dated 9.2.1996 and that as per the said decision, those

who have already been promoted to the Special Grades will not be

reverted. In the light of the said statement, O.P.No.23889 of 2001 was

closed. G.O. (MS) No.54/03/PWD dated 7.10.2003 (Ext.P1) was thereafter

issued. The petitioners submit that seeking re-introduction of the seven

tier system introduced as per G.O.(MS) No.43/96/PWD dated 9.2.1996

they have submitted Ext.P2 representation to the Government.

2. In this Writ Petition, the petitioners pray for a writ in the nature

of mandamus commanding the State Government to reintroduce the

seven tier system. The petitioners have also prayed for a writ in the

nature of mandamus commanding the State Government to consider

Ext.P2 and pass orders thereon. The introduction of the seven tier

system was challenged in this Court in O.P.No.23889 of 2001. Taking

note of the said fact, the Government took a decision pursuant to the

decision of the Cabinet to withdraw the seven tier system introduced as

per G.O.(MS) No.43/96/PWD dated 9.2.1996. This was done some time

in February, 2003. When the petitioners entered service, only the five

tier system was in force. It was only in 1996 that the seven tier system

was introduced and it was also later withdrawn. It cannot therefore be

said that by withdrawing the seven tier system, the vested rights of the

petitioners have been taken away.

3. In these circumstances, the first relief sought for by the

WP(C) 30074/08 -: 3 :-

petitioner cannot be granted. For the same reason, the second relief

sought for also cannot be granted. The petitioners cannot more than

five years after Ext.P1 order was issued, withdrawing the seven tier

system, seek a writ in the nature of mandamus commanding the State

Government to consider their request to reintroduce the seven tier

system that was withdrawn as per Ext.P1. This Writ Petition accordingly

fails and is dismissed.

P.N.Ravindran,
Judge.

ess 28/10