IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37880 of 2008(H)
1. PURUSHOTHAMAN,
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHAIRMAN,
3. THE CHIEF ENGINEER (HRM),
For Petitioner :SMT.P.K.RADHIKA
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.37880 of 2008
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Dated 12th June, 2009
JUDGMENT
Heard Smt.P.K.Radhika, the learned counsel appearing for
the petitioner and Sri.Ashok M.Cheriyan, the learned Standing Counsel
appearing for the Kerala State Electricity Board.
2. The petitioner entered service in the Kerala State
Electricity Board as Junior Assistant on 3.5.1976. He was thereafter
appointed as Assistant Store Keeper on 7.2.1980 pursuant to a
notification issued by the Board inviting applications from among in-
service candidates for appointment as Assistant Store Keeper. The
scale of pay of Assistant Store Keeper was later revised to Rs.1025-
2040. After the petitioner completed 10 years of service in the
category of Assistant Store Keeper, he was given time bound higher
grade promotion in the scale of pay of Rs.1250-2540, the scale of pay
of Store Keeper Grade II with effect from 7.2.1990. While matters
stood thus, the Board and its employees entered into Ext.P1
settlement as per which, it was decided to integrate the post of
Assistant Store Keeper with the post of Senior Assistant. The post of
Senior Assistant carried the scale of pay of only Rs.1140-2340.
Ext.P1 agreement came into effect on 1.4.1990. As a result of the
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settlement, the scale of pay of the petitioner who was then working as
Assistant Store Keeper which post was integrated with that of Senior
Assistant stood reduced from Rs.1250-2540 to Rs.1140-2340. Some
of the persons who were similarly placed had earlier moved this Court
and by Exts.P3 and P4 judgments this Court held that they should be
integrated with a post carrying the scale of pay which they were
drawing. Claiming that benefit the petitioner moved the Kerala State
Electricity Board. In that representation he prayed that the post of
Assistant Store Keeper may be integrated with the post of Junior
Superintendent which carried the scale of pay of Rs.1360-2740. That
request was rejected by the Board in Ext.P9 letter dated 4.10.2008.
Ext.P9 is under challenge in this writ petition. The Board has in Ext.P9
taken the stand that Assistant Store Keeper is entitled only to be
integrated with Senior Assistant and that the petitioner is not entitled
for integration as Junior Superintendent. This Court has in Ext.P4
judgment to which the Board is a party held that the settlement should
not result in reduction of emoluments and that the Board should take
note of the salary drawn by the employees while giving effect to the
settlement. Though the Board filed W.A.No.587 of 1994 challenging
Ext.P4 judgment, the judgment of the learned Single Judge was
WP(C).No.37880/2008 3
upheld with the rider that persons claiming such integration should
possess the qualifications for the post.
3. In the instant case, the pleadings disclose that as on
1.4.1990 the petitioner was drawing salary in the scale of pay of
Rs.1250-2540. By Ext.P1 the post of Assistant Store Keeper was
integrated with Senior Assistant which carried the scale of pay of
Rs.1140-2340. In the light of the authoritative pronouncement of this
Court in Ext.P4 judgment and W.A.No.587 of 1994 the petitioner was
entitled to be integrated with the category of Junior Superintendent
which carried the scale of pay of Rs.1360-2740. The petitioner was
admittedly qualified to hold the post of Junior Superintendent.
Therefore, the stand taken by the respondents in Ext.P9 cannot be
sustained.
In the result, this writ petition is allowed, Ext.P9 to the
extent it denies the petitioner integration in the category of Junior
Superintendent with effect from 1.4.1990 is quashed and the
respondents are directed to issue orders integrating the petitioner in
the category of Junior Superintendent in the scale of pay of Rs.1360-
2740 with effect from 1.4.1990. Needless to say the petitioner will be
entitled to the benefit of periodical pay revisions. Necessary orders in
WP(C).No.37880/2008 4
that regard shall be issued and retirement benefits refixed and arrears
disbursed, within three months from the date on which the petitioner
produces a certified copy of this judgment before the Secretary, Kerala
State Electricity Board. If the petitioner has any other subsisting
grievance, he may move the Board seeking redressal of the same.
P.N.RAVINDRAN
Judge
TKS