IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25367 of 2008(T)
1. THULASEEDHARAN, AGED 55 YEARS,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
2. THE CHIEF ENGINEER, HRM, VYTHUTHI BHAVAN
3. THE CIEF ENGINEER,(DISTRIBUTION SOUTH),
4. THE ACCOUNTS OFFICER, (PAY FIXATION)
5. THE SECRETARY , ELECTRICITY BOARD
For Petitioner :FR.JOHNY THOTTAM
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.25367 of 2008 (T)
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Dated, this the 14th day of December, 2009
J U D G M E N T
In this writ petition, the only issue raised for consideration is
whether the petitioner is eligible to be given 2nd and 3rd time bound
higher grades.
2. Briefly stated, the facts of the case are that the petitioner
joined the services of the KSE Board as Assistant Engineer on
23/03/1982. On completion of 10 years, he was given first time
bound higher grade with effect from 23/03/1992.
3. Subsequently, in response to the special recruitment
conducted, the petitioner offered himself as a candidate and
selected by the PSC and was appointed as Assistant Executive
Engineer with effect from 13/05/1994. Subsequent to his
appointment as Assistant Executive Engineer, counting his service
from 23/03/1982 he was granted 2nd time bound higher grade with
effect from 04/07/2000. Ext.P8 is the order that was issued. The
petitioner was thereafter promoted as Executive Engineer with effect
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from 05/11/2003. Again continuing his total service, sanction was
accorded to grant 3rd time bound higher grade with effect from
09/05/2007. Ext.P8(a) is the order issued.
4. Later the Board found that the petitioner was not eligible
to be granted 2nd and 3rd time bound higher grades. The reason
stated is that he having entered service as a fresh recruit as
Assistant Executive Engineer with effect from 13/05/1994, could
not have taken credit for the previous service rendered, in order to
determine his eligibility to grant 2nd and 3rd time bound higher
grades.
5. According to the petitioner, Ext.P7 is the Rules on the
basis of which the time bound higher grade was granted to him.
This rules provides that on completion of 10 years, 18 years and 25
years of service, an employee, who did not get promotion, is eligible
for first, second and third time bound higher grades. This
necessarily contemplates continued service.
6. In this case, though the petitioner initially entered
service, he became an Assistant Executive Engineer by way of direct
recruitment. If so, there was a fresh recruitment and
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commencement of service and his eligibility for time bound higher
grades will have to commence afresh. If so, the stand of the Board
that the previous service could not be given credit for reckoning the
petitioner’s eligibility to be granted 2nd and 3rd time bound higher
grades, cannot be said to be without any basis.
Therefore, I do not find any merit in the claim of the
petitioner, and I affirm the stand of the Board.
The writ petition fails and is accordingly dismissed.
(ANTONY DOMINIC, JUDGE)
jg