Allowed

P.M.Chandrasenan v. the Managing Director, Kerala State Road Transport Corporation

Kerala HC5 Dec 2018WP(C)/6196/2016

Case brief

AI extract

What is this about?

The Court allowed the writ petition granting the petitioner notional promotion to Selection Grade and Special Grade Driver with consequential pay fixation in the Vehicle Supervisor post. This was based on Ext.P3 Circular ensuring pay fixation for employees promoted directly without holding intermediary posts for the requisite duration.

What did the court decide?

Direction to grant notional promotion to Selection Grade and Special Grade Driver and fix pay in the post of Vehicle Supervisor based on such pay within three months.

P.M.Chandrasenan Vs the Managing Director… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940

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WP(C).No. 6196 of 2016

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PETITIONER/S:

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P.M.CHANDRASENAN AGED 56 YEARS MALIECKAL HOUSE, KACHAPILLY ROAD, VYTTILA P.O., KOCHI-682 019.

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BY ADVS. SRI.SEBASTIAN PAUL SMT.LIZAMMA AUGUSTINE SMT.SABEENA P.ISMAIL SRI.RON BASTIAN SRI.S.VIJAYAKUMAR (NALLOOR)

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RESPONDENT/S:

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1 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

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2 THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

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3 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM, KOCHI-682 018.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC

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OTHER PRESENT:

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SRI.T.P.SAJAN,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6196 of 2016

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J U D G M E N T

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The grievance of the petitioner is against the

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denial of notional promotion to the post of Driver Selection Grade and Driver Special Grade and to fix his pay on par with that of his juniors.

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The petitioner was recruited as Driver in the

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KSRTC through the Public Service Commission and he commenced his service on 18.07.2000 as Driver grade II. The immediate Higher post of Driver Grade II is Driver Grade I, to which post a Driver Grade II becomes eligible on completion of 9 years of service; on completing further 6 years of service as 1^st Grade Driver he is eligible for promotion as Selection Grade Driver and on completing a further period of 3 years of service he is eligible to become a Special Grade Driver. The Drivers are eligible for cadre promotion to the post of Vehicle Supervisors. The petitioner got promotion as Vehicle Supervisor on 11.02.2013 when he was a 1^st grade

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WP(C).No. 6196 of 2016

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Driver.

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The petitioner was not promoted as Selection Grade or Special Grade Driver because even before completion of requisite number of years of service he got promotion as Vehicle Supervisor. Therefore he did not get the benefit of fixation of pay which is admissible on promotion to each of the higher grades.

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It is pointed out that his juniors M/s.P.N.Babu and P.M.Ashraf, who are rank Nos.1156 and 1546 in the seniority list of Drivers were drawing Rs.18,030/whereas the petitioner, who is rank No.887, was drawing only Rs.16,870/- in the scale of pay of Rs.16290-37060-.

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Even though the petitioner approached the respondents with Ext.P9 representation requesting for rectifying the anomaly and to fix his pay on par with that of his juniors, no positive action was taken. He continued to make representations as contained in Ext.P10 and requested for fixation of his pay granting him notional

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promotion in the intermediate post as per

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WP(C).No. 6196 of 2016

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GO(P)No.968/87/Fin dated 17.11.1987 and Ext.P3 circular. But his request was rejected as per Ext.P12 letter stating that benefit of fixation cannot be allowed to him, since he got promotion as Vehicle Supervisor directly from I^st grade Driver. It was stated that he was promoted in accordance with the promotion rules of the Corporation.

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The petitioner relies on Ext.P3 circular and

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claims notional promotion to the respective posts along with consequential benefits.

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The respondent Corporation has filed a counter affidavit stating that the petitioner, who got promotion as Vehicle Supervisor directly from the post of Driver Grade I, is not eligible to draw pay on par with his juniors. It was stated that II^nd Grade Driver is required to complete 9 years of service to become 1^st Grade Driver and only on completion of a further period of 6 years he would be entitled to the post of Selection Grade Driver and he required another three years to become Special

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WP(C).No. 6196 of 2016

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Grade Driver and it is only from that grade that one get promotion as Vehicle Supervisor. It was stated that the petitioner did not have the requisite qualifying service at the time of his promotion as Vehicle Supervisor and he got promotion in accordance with Clause XLII of the Pay Revision Agreement, 2012 in the absence of any other Driver in the category of Selection Grade or Special Grade. It is also stated that Exts.P2 and P4 orders are not applicable to the petitioner.

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An additional counter affidavit is filed

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producing the bipartite settlement and grade promotion rules, stating that petitioner got promotion as Vehicle Supervisor by virtue of Clause XLII of the Pay Revision Agreement in the absence of any Driver in the Selection Grade and Special Grade. It was stated that since the petitioner did not acquire the Higher Grade in the prescribed time, he is not entitled to claim the notional fixation in the intermediary grade.

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Heard the learned counsel for the petitioner and

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WP(C).No. 6196 of 2016

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the learned Standing Counsel.

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Petitioner was granted promotion as Vehicle Supervisor admittedly in accordance with rules. At the time of promotion, he had completed 13 years of service and was granted promotion as first grade Driver. In case petitioner was not granted promotion, he would have continued in the post of Driver Grade I till he completed 6 years in Grade I and thereafter he would have got promotion as Selection Grade and thereafter to Special Grade before getting promotion as Vehicle Supervisor. In the case of his juniors since there were persons available in Special Grade and Selection Grade or in the absence of the vacancies in the post of Vehicle Supervisors they could continue for the requisite number of years in the respective posts and could enjoy respective promotions, before they were promoted as Vehicle Supervisors based on which, they got the benefit of fixation of pay in the respective posts.

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Petitioner points out the disparity on account

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WP(C).No. 6196 of 2016

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of a promotion granted to him at an earlier point of time. An early promotion granted to an employee cannot result in his penalization for no fault on his part and at any rate it cannot have any adverse impact on the service career of an employee. In case the service rendered by the petitioner as Vehicle Supervisor is reckoned notionally towards the respective number of years required for acquisition of Grade I, Selection Grade and Special Grade, petitioner would also be eligible for the respective fixation of pay and would

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get his pay fixed in the post of Vehicle Supervisor reckoning the same. As pointed out by the petitioner Ext.P3 and Ext.P4 provide for such a fixation.

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Ext.P3 Circular dated 04.04.2009 provides for

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fixation of pay in such contingencies granting notional promotion to the respective higher post to the employees who get promotion to higher posts without intermediary promotion. While issuing Ext.P12 order respondents stated that Ext.P2 Government Order is not applicable to

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WP(C).No. 6196 of 2016

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the KSRTC and Ext.P4 Circular is not applicable in the case of the petitioner.

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But it is relevant to note that Ext.P3 is a Circular issued by the KSRTC though it is issued referring to a Government Order and Ext.P3 Circular provides for fixation of pay in the immediate higher post and in the case of a person who got promotion directly to a post above the immediate promotion post it provides for grant notional fixation of pay in the respective higher post. It is also pertinent to note that Government has in Ext.P2 order, ordered that in the case of persons who are given promotion to a post next above the immediate higher post, without officiating in the intermediary post, their pay shall be fixed in the intermediary post notionally under Rule 28A of Part I of KSR. The case of petitioner is also liable to be considered in accordance with Ext.P3 Circular.

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Therefore, there shall be a direction to the respondents to grant notional promotion to petitioner on

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WP(C).No. 6196 of 2016

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completion of the requisite number of years of service to the post of Selection Grade Driver and Special Grade Driver and to fix his pay on such promotions giving him the benefit of fixation and therefore to fix his pay in the post of Vehicle Supervisor on the basis of such pay, as provided in Ext.P3 Circular. This shall be done within a period of 'three months' from the date of receipt of a copy of the judgment.

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The writ petition is disposed of.

Sd/-

P.V.ASHA, JUDGE.

rkc/AS

WP(C).No. 6196 of 2016

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MEMO NO.P1205/2013/PMNA DATED 11/2/2013. EXHIBIT P2 TRUE COPY OF THE G.O.(P) NO.968/87/FIN. DATED 17/11/1987. EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.4 (PRC001323/07) DATED 4/4/2009. EXHIBIT P4 TRUE COPY OF THE MEMORANDUM NO.PL-10000364/09 DATED 14/9/2009. EXHIBIT P5 TRUE COPY OF THE PAY SLIP FOR THE MONTH OF AUGUST 2015. EXHIBIT P6 TRUE COPY OF THE PAGE NO.12 OF 2012 PAY REVISION AGREEMENT EXHIBIT P7 TRUE COPY OF THE LETTER DATED 15/6/2015. EXHIBIT P8 TRUE COPY OF THE REPLY DATED 22/7/2015. EXHIBIT P9 TRUE COPY OF THE LETTER DATED 9/10/2014. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 17/9/2015. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 2/11/2015 IN WPC NO.33151/2015. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 25/1/2016 ISSUED BY THE 1ST RESPONDENT

P.M.Chandrasenan v. the Managing Director, Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

P.M.Chandrasenan v. the Managing Director, Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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