Kerala High Court
K.G.Padmanabhankutty vs State Of Kerala
Author: Dama Seshadri Naidu
Bench: Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938
WP(C).No. 12163 of 2006 (W)
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PETITIONER:
K.G.PADMANABHANKUTTY, ASSISTANT GRADE - I,
MATSYAFED DISTRICT OFFICE, THRISSUR.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENTS:
1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY
TO GOVERNMENT, FISHERIES AND PORTS (A) DEPARTMENT,
TRIVANDRUM.
2. THE DIRECTOR OF FISHERIES AND REGISTRAR OF FISHERIES
CO-OPERATIVES, VIKAS BHAVAN, TRIVANDRUM.
3. THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD. (MATSYAFED), TRIVANDRUM
REP. BY ITS MANAGING DIRECTOR.
R3 BY ADV. SRI.GEORGE POONTHOTTAM
R1 & R2 BY GOVERNMENT PLEADER SRI.T.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC 12163/2006
PETITIONER'S EXHIBITS:
EXT. P1 TRUE COPY OF THE FINAL SENIORITY LIST OF ASSISTANT GRADE II
EXT. P2 TRUE COPY OF THE ORDER DATED 8.11.95 ISSUED BY THE FIRST
RESPONDENT
EXT. P3 TRUE COPY OF THE CIRCULAR DATED 29.4.1997 BY THE THIRD
RESPONDENT
EXT. P4 TRUE COPY OF THE CIRCULAR DATED 15.4.1998 BY THE THIRD
RESPONDENT
EXT. P5 TRUE COPY OF THE REPRESENTATION DATED 30.09.2004 BY
PETITIONER
EXT. P6 TRUE COPY OF THE LETTER DATED 4.9.2001 TO THE SECOND
RESPONDENT BY THE ACCOUNTANT GENERAL
EXT. P7 TRUE COPY OF THE ORDER DATED 18.6.2001 ISSUED BY THE FIRST
RESPONDENT
EXT. P8 TRUE COPY OF THE JUDGMENT DATED 15.7.2002 IN OP 18921/2002
EXT. P9 TRUE COPY OF THE ORDER DATED 19.9.2002
EXT. P10 TRUE COPY OF THE ORDER DATED 4.3.2003 BY THE FIRST
RESPONDENT
EXT. P11 TRUE COPY OF THE ORDER DATED 11.8.03 BY THE FIRST
RESPONDENT
EXT. P12 TRUE COPY OF THE ORDERS ISSUED BY THE THIRD RESPONDENT
TO SMT.P.A.RAJAMMA
EXT. P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE STAFF
REGULATION PROMOTION POLICY OF THE THIRD RESPONDENT
EXT. P14 TRUE COPY OF THE DECISION OF THE BOARD OF DIRECTORS OF
THE SECOND RESPONDENT DATED 7.11.2001
EXT. P15 TRUE COPY OF THE REPRESENTATION DATED 10.2.2006
SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 AND 3
EXT. P16 TRUE COPY OF THE CIRCULAR DATED 17.5.2002 ISSUED BY FIRST
RESPONDENT
EXT. P17 TRUE COPY OF THE JUDGMENT DATED 17.12.2002
EXT. P18 TRUE COPY OF THE ORDER DATED 3.10.03 ISSUED BY THIRD
RESPONDENT
EXT. P19 TRUE COPY OF THE ORDER DATED 3.3.2001
EXT. P20 TRUE COPY OF THE ORDER OD THE THIRD RESPONDENT DATED
1.12.04
EXT. P21 TRUE COPY OF THE LETTER DATED 11.2.2010
EXT. P22 TRUE COPY OF THE REPLY GIVEN TO PANKAJAKUMARI
EXT. P23 TRUE COPY OF THE CIRCULAR ISSUED BY THE THIRD
RESPONDENT
EXT. P24 TRUE COPY OF THE LETTER DATED 23.2.05 ISSUED BY THIRD
RESPONDENT
EXT. P24(a) TRUE COPY OF THE PROMOTION CHANNEL MENTIONED IN
EXT.P24
EXT. P25 TRUE COPY OF THE EXISTING SCALE OF PAY AND REVISED SCALE
OF PAY OF ITS EMPLOYEES
PETITION TO RECEIVE DOCUMENTS (IA 3805/2016)
EXT. P23 COPY OF THE ORDER OF THE SECOND RESPONDENT DATED
24.11.15
EXT. P24 COPY OF THE ORDER DATED 20.1.16 ISSUED BY THIRD
RESPONDENT
RESPONDENT'S EXHIBITS:
EXT. R3(a) TRUE COPY OF THE GOVERNMENT ORDER, G.O.(P)NO.
3000/98/FIN. DATED 25.11.1998
EXT. R3(b) TRUE COPY OF THE JUDGMENT DATED 2.8.2005 IN WA 1057/2003
EXT. R3(c) TRUE COPY OF COMMUNICATION NO.F3-9675/2006 DATED
9.10.2006 OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT
/TRUE COPY/
P.S. TO JUDGE
Dama Seshadri Naidu, J.
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W.P.(C)No.12163 of 2006 W
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Dated this the 23rd day of March, 2016
JUDGMENT
The petitioner, an employee of the third respondent, while in service, filed the writ petition seeking the following reliefs:
"i. issue a writ of certiorari or any other order or direction quashing Exhibits P10 and P11 to the extent it imposes a condition that monetary benefit on time bound higher grade promotion will be given only from 4.3.2003.
ii. to declare that the petitioner is entitled for the benefit of time bound higher grade promotion from 1.7.1992 onwards, from the date on which that he completed 10 years, and subsequently on completion of 18 years and 23 years and that he is entitled for the monetary benefits from 1992 onwards.
Iii. Issue a writ of mandamus or any other writ order or direction, directing the respondents to grant the 3rd time bound scale of pay of Rs.6500-10,500 with effect from 1.7.05, on completion of 23 years of service.
iv. to issue a writ of mandamus or other writ order or direction directing the respondents to refix the second time bound higher grade scale of pay at Rs.5250-8550 w.e.f. 1.9.1998 and to grant the monetary benefit including arrears till date."WPC 12163/06 2
2. Pending the writ petition, the petitioner retired on his attaining the age of superannuation. Today, the learned counsel appearing for the petitioner has submitted that the petitioner has got all other reliefs prayed for in the writ petition except the third one, which is concerning the third time bound higher grade pay to be paid to him with effect from 01.07.2005 on his completing twenty three years of service.
3. Though the record contains voluminous documents and counter pleadings, as a matter of subsequent development, the petitioner recently filed I.A. No.3805/2016 placing on record certain additional documents.
4. To begin with, Exhibit P1 seniority list clearly establishes that the petitioner stands at the third position and one Mr.Surendran at fourth position. Incidentally, they both joined the service on the same day. Given the fact that WPC 12163/06 3 the petitioner is older than Mr.Surendran, he seems to have been assigned the seniority.
5. It is evident from Exhibit P23 order passed by the second respondent on 24.11.2015 that Mr.Surendran, junior to the petitioner, has been extended the benefit of third time-bound higher grade pay. As is further evident from Exhibit P4 dated 20.01.2016, the order stood implemented by the third respondent.
In the facts and circumstances, this Court allows the writ petition to the extent of the petitioner's prayer concerning third time-bound higher grade pay. It is made clear that the petitioner shall be extended the benefit in terms of Exhibits P23 and P24 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
Dama Seshadri Naidu, Judge tkv