T K THANKARAJ Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner is presently working as Overseer-Higher Grade) in the Kerala State Electricity Board. The petitioner started service as an Electricity Worker and by promotions he became Line Helper, Line Assistant, Senior Line Assistant and as Overseer. While the petitioner was so working as Overseer, the Board created a post of Meter Reader and appointed overseers having the prescribed qualifications as Meter Readers. The petitioner's grievance in this writ petition is that a junior of the petitioner in the cadre of Overseer is drawing higher pay than the petitioner and therefore, the petitioner is entitled to the benefit of stepping up of pay in accordance with Ext.P1 Board order. The petitioner therefore seeks the following reliefs:

(2.) A counter affidavit has been filed on behalf of the first respondent wherein in paragraphs 5 and 6 it is stated thus:

(3.) I have considered the rival contentions in detail. Going by Ext.P1, the petitioner would be entitled to stepping up of pay if the junior of the petitioner is drawing higher pay than the petitioner. The petitioner's contention is that a junior of the petitioner, who is working as Meter Reader, is drawing higher pay. From the counter affidavit, it is clear that, that junior is drawing higher pay not in the cadre of Overseer but in the cadre of Meter Reader on account of fixation of pay when he was promoted as Meter Reader. Admittedly, the petitioner does not have the qualifications prescribed for appointment as Meter Reader. If he had the qualifications, he would also have been appointed as a Meter Reader in which case he would also have drawn the same salary as that of his junior. Therefore, the situation of the petitioner drawing lesser salary than his junior is not the one contemplated in Ext.P1 Board order, so as to enable the petitioner to be eligible for stepping up of pay in par with his junior. Therefore, the petitioner is not entitled to the benefit of stepping up of pay as provided in Ext.P1 Board order. Consequently, the petitioner is not entitled to the reliefs prayed for and accordingly, the writ petition is dismissed.