Court directed respondent Corporation to grant time-bound higher grade to petitioner, a regular driver, if benefit applies to other regular employees, with arrears from completion of 10 years of service.
Directed to grant time bound higher grade with effect from 15.06.2001 along with arrears within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937
WP(C).No. 33216 of 2007 (D)
PETITIONER(S) :
V.K.RAVEENDRAN NAIR, DRIVER, REGIONAL PRODUCTION CENTRE KERALA STATE HORTICULTURAL PRODUCTS DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM.
BY ADV. SMT.MEENA.A.
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, AGRICULTURAL DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM.
2. THE KERALA STATE HORTICULTURALPRODUCTS DEVELOPMENT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, "UDAYAGIRI", POOJAPPURA P.O., THIRUVANANTHAPURAM-695 012.
3. THE MANAGING DIRECTOR, KERALA STATE HORTICULTURAL PRODUCTS DEVELOPMENT CORPORATION, "UDAYAGIRI", POOJAPPURA P.O., THIRUVANANTHAPURAM-695 012.
R1 BY ADV.P.P.PADMALAYAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMV
: 2 :
WP(C).No. 33216 of 2007 (D)
APPENDIX
PETITIONER(S) EXHIBITS :
| EXT.P1. | : | COPY OF THE G.O.(RT) NO.1054/91/AD. DATED 13.06.1991. |
|---|---|---|
| EXT.P2. | : | COPY OF THE ORDER NO.1066/90/HPDC/108 DATED 22.04.1992. |
| EXT.P3. | : | COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.7547/06 DATED 09.08.2007. |
| EXT.P4. | : | COPY OF THE ORDER NO.A15(12)/1993/HPDC/1408 DATED 15.10.2007. |
| EXT.P5. | : | COPY OF THE ORDER NO.A15(12)/1993/HPDC/1407 DATED 15.10.2007. |
| EXT.P9. | : | COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT DATED 05.06.2014. |
| EXT.P10. | : | COPY OF THE LIST OF EMPLOYEES WHO WERE MADE PERMANENT. |
| EXT.P11. | : | COPY OF THE LIST OF EMPLOYEES GIVEN GRADE PROMOTION. |
RESPONDENTS EXHIBITS : NIL
/TRUE COPY/
P.A.TO JUDGE
AMV
ANU SIVARAMAN, J.
.................................................
W.P.(C) No.33216 of 2007 (D)
...............................................
Dated this the 24th day of November, 2015
JUDGMENT
The petitioner is working as a driver in the 2nd respondent Corporation. He was initially appointed as helper in the Meat Products of India and was appointed on deputation to the 2nd respondent Corporation as driver with effect from 23.10.1989. Later, by Ext.P1 Government Order dated 13.06.1991 the Government accorded sanction for the appointment of the petitioner as driver in the 2nd respondent Corporation. By Ext.P2 dated 22.04.1992, he was absorbed at the service of the Corporation on a regular basis with effect from 15.06.1991. Thereafter 1997 pay revision orders were given effect to in the Corporation. The petitioner was placed in the scale of pay of Rs.2,750 - 4,625/- with effect from 01.03.1997. It is submitted that the scale of pay of drivers in the Government was further revised to Rs.3,050 - 5,230/-, which was resolved by the Corporation to be adopted in the case of the petitioner also. When the benefits were not extended to the petitioner, he had approached this Court and by Ext.P3 judgment dated 09.08.2007, the 2nd respondent was directed to fix the pay of the petitioner in the scale of pay of Rs.3,050 - 5230 with effect from 01.03.1997 and to grant him arrears with effect from 01.07.2005. The question of grant of First Higher Grade on completion of 10 years
W.P.(C) No.33216 of 2007 (D)
2
of service was also directed to be considered. By Ext.P4 order the benefit of fixation of pay and grant of arrears were allowed to the petitioner. However, by Ext.P5 order dated 15.10.2007; ten years higher grade was denied on the ground that the system of time bound higher grade had not been accepted for implementation in the Corporation. This order is under challenge.
W.P.(C) No.33216 of 2007 (D)
3
bound higher grade was denied.
In the above circumstances, the writ petition is disposed of, directing the Government to grant time bound higher grade to the petitioner, if the same benefit is being granted to regular employees of the Corporation. The benefit shall be granted with effect from 15.06.2001, the date on which he completed 10 years of service as a regular employee under the 2nd respondent along with arrears thereof. The above shall be done, at the earliest, at any rate, within a period of four months from the date of receipt of a copy of this judgment.
sd/-
ANU SIVARAMAN, JUDGE
AMV/24/11/15
2 issues framed by the court
Whether the petitioner, a regular employee, is entitled to time-bound higher grade when such benefits are granted to other regular employees.
Whether the petitioner is entitled to arrears of time-bound higher grade from the date of completion of 10 years of service.
2 provisions across 2 enactments
V.K.Raveendran Nair
State of Kerala
Kerala State Horticultural Products Development Corporation
Managing Director, Kerala State Horticultural Products Development Corporation
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
