IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7425 of 2007(H)
1. N.SUBRAMONIA IYER, RETIRED FINANCE
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHAIRMAN, KERALA STATE ELECTRICITY
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/01/2011
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.7425 of 2007
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Dated this the 19th day of January, 2011
J U D G M E N T
The petitioner started service as an L.D. Clerk on 15.3.1963 in
the Kerala State Electricity Board. He was promoted as U.D. Clerk on
28.1.1970. He was again promoted on Junior Superintendent on
17.3.1980. In November 1981, he got promotion as Divisional
Accountant. By Ext.P1 order dated 23.1.1993, he was appointed as
Finance Officer. He retired from service on 1.9.1996. His grievance in
this writ petition is that the post of Finance Officer is equivalent to the
post of Assistant Accounts Officer and in the post of Assistant Accounts
Officer, the petitioner’s junior, Sri.Rama Iyer, was drawing higher pay
than the petitioner. The petitioner was posted as Finance Officer not on
the basis of his option, but he was required to work as Finance Officer
since the posts of Assistant Accounts Officer and Finance Officer are
equivalent posts. The petitioner’s claim for junior-senior fixation vis-a-
vis his junior, Sri.Rama Iyer, was earlier rejected on the ground that
junior-senior fixation can be granted only between persons in the same
category of posts and the petitioner was working as a Finance Officer
and Sri.Rama Iyer was working as an Assistant Accounts Officer. The
petitioner challenged the same by filing O.P.No.9062/1997. In that
original petition, by Ext.P9 judgment, the order of the Board was
quashed and the Board was directed to reconsider the claim of the
petitioner. Pursuant thereto, Ext.P12 order has been passed again
w.p.c.7425/07 2
rejecting the claim of the petitioner. The petitioner is challenging
Ext.P12 and seeking the following reliefs:
“i) issue a writ of certiorari or any other appropriate writ,
direction or order calling for the records leading to Exts.P12 and
quashing the same.
ii) issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to fix the basic pay of the
petitioner at Rs.5495/- with effect from 28.1.1995 and Rs.5725/- with
effect from 1.8.1995 and to give him arrears of salary legitimately due
to him with interest at 18% per annum.
iii) issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to refix the pensionary
benefits of the petitioner on the basis that the petitioner was drawing a
basic pay of Rs.5495/- from 28.1.1995 and Rs.5725/- from 1.8.1995
and to give him arrears of Gratuity and arrears of pension with 18%
interest per annum.
iv. issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to give pension due to the
petitioner based on the Grade promotion to which the petitioner is
legitimately entitled under Prayers (ii) and (iii)”
2. A counter affidavit has been filed seeking to refute the
contentions of the petitioner, to which the petitioner has filed a reply
affidavit also. The parties were heard.
3. As I have stated earlier, the petitioner is seeking junior-
senior fixation vis-a-vis his junior, Sri.Rama Iyer, in the post of
Assistant Accounts Officer. The petitioner himself has produced, along
with I.A.No.408/2011, the Board order dated 19.10.1996 in respect of
the claim for junior-senior fixation. From Ext.P14, I find that junior-
senior fixation is granted subject to the following conditions:
“(i) The senior and junior employees should belong to the same
category and should have been promoted to the same category
of post.
(ii) The anomaly should not be due to differences in weightage.
(iii) The anomaly should have been arisen directly as a result of the
pay revision granted with effect from 01.07.1993/01.08.1993.
w.p.c.7425/07 3
(iv) In case where the pay of an employee is stepped up in terms of
(1) & (2) above, the next increment shall be granted after
completing the period required to earn an increment from the
date of such step up.
(v) The fixation of pay as on 01.07.1993 or 01.08.1993, of both the
senior and the junior should be got approved by the FA & CAO
before allowing such step-up.
(vi) The seniority should be checked with reference to approved
gradation list and on detailed entry showing the serial number
of both the senior and junior made in the service book.
(vii) The step-up should be allowed by an authority competent to
approve fixation of pay as stipulated in cl.xiii of the Audit
circular No.1/LTS dated 17.10.1995.”
(underlining supplied)
Therefore, among other things, the petitioner should prove that the
anomaly in the fixation of pay vis-a-vis that of his junior had arisen
directly as a result of the pay revision granted with effect from
1.7.1993/1.8.1993. From the averments in the writ petition as well as
the arguments of the learned counsel for the petitioner, I am not
satisfied that the petitioner has made out a case of anomaly in the pay
of the petitioner vis-a-vis that of Sri.Rama Iyer as a direct
consequence of the fixation of pay as per the pay revision granted with
effect from 1.7.1993/1.8.1993. Insofar as the petitioner can claim
junior-senior fixation only if the anomaly in pay vis-a-vis his junior had
arisen directly as a result of the pay revision granted with effect from
1.7.93/1.8.93, the petitioner cannot succeed in this writ petition.
Accordingly, the writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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