S.RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is aggrieved by the fixation of pay granted to him in Ext.P4 order and the rejection of his request to fix his pay in the scale of pay attached to the post of Binder as provided in the Special Rules of KHRWS Employees and denial of higher grade in the consequential higher scale of pay.

(2.) Petitioner was initially engaged as a Helper on daily wages from 06.04.1986 in the IPP Press under the Kerala Health Research & Welfare Society (KHRWS)- the second respondent. He acquired the qualification for the post of Binder i.e., KGTE in Book Binder (Lower) in October 1990. Whileso the governing body of the 2nd respondent in its meeting held on 17.01.1995 decided to regularize the employees of the IPP Press as the employees of 2nd respondent in the respective categories in which they were working on 01.07.1989. As per Ext.P1 order dated 20.05.1995, those employees were regularised as employees of 2 nd respondent in the respective posts as shown in the order. Petitioner was regularised as Helper in the scale of pay of Rs.800- 1200. It was stated that the order was provisional and subject to ratification of the governing body. In Ext.P2 order dated 25.07.1997 it is stated that the governing body did not approve the scale of pay and constituted a sub-committee to examine the same. The sub-committee found that most of the employees do not have the qualification and therefore grouped the employees in different grades irrespective of the posts they were holding. Petitioner was included under Operator Grade V in the scale of pay of Rs.800-1200. Petitioner submits that those persons who were shown as Binders in Ext.P1 order were included under Grade III with the scale of pay of Rs.950-1500. In Ext.P2 it was also stated that the scale of pay would be with effect from 17.01.1995 and that the scale of pay sanctioned therein are based on the qualification and post in which they were working as on 01.07.1989 and that the change of post based on the qualification acquired after 01.07.1989 would be considered if vacancies arise. Petitioner's claim is that he had acquired qualification for the post of Binder in 1990. Aggrieved by Ext.P2 order, petitioner approached this Court in W.P.(C).No.20864 of 1999 claiming his absorption as Binder. This Court by Ext.P3 judgment directed the respondents to grant retrospective regularisation to the petitioner as a Binder with effect from 27.07.1991 and to grant him all monetary benefits. Second respondent thereafter issued Ext.P4 order on 22.09.2007 fixing his pay at Rs.825/- in the scale of pay of Rs.825-1200 as on 27.07.1991 which was stated to be the scale of pay admissible to the Binder. His pay was thereafter fixed at Rs.950/- in the revised scale of Rs.950-1500 as on 01.03.1992, consequent to the pay revision ordered in G.O.(P) No.600/93/Fin dated 25.09.1993; at Rs.3125/- as on 01.03.1997 in the scale of pay of Rs.3050-5230 consequent to the pay revision as per G.O.(P) No.3000/98/Fin dated 25.11.1998; fixing his pay at Rs.3500/- as on 27.07.2001 in the scale of pay of Rs. 3350-5275 on grant of 10 years' higher grade. The pay was thereafter fixed at Rs.7000/ in the scale of pay of Rs.5650-8790 on pay revision ordered in G.O.(P) No. 145/2006/Fin dated 25.03.2006. Petitioner submitted Ext.P5 representation before Government complaining that that he was not granted all the monetary benefits due to him and 10 years' higher grade was granted to him in a lower scale; he was denied the 16 years' higher grade, etc. Thereafter he approached this Court and on the basis of the direction in Ext.P7 judgment the Managing Director to consider his representation, the 3rd respondent issued Ext.P8 order on 30.09.2008. In this order it was stated that the petitioner was claiming the scale of pay of 2 nd higher grade as pay for the first higher grade which is not permissible. It was stated that all other grievances of the petitioner were settled. By Ext.P9 order petitioner was granted 16 years' higher grade and his pay was fixed in the scale of pay of Rs.6680-10790, reckoning the scale of pay of the lower post as Rs.5650-8790. Thereafter petitioner approached this Court in W.P. (C).No.11699 of 2009 complaining that fixation of his higher grade was in a lower scale of pay. This Court by Ext.P10 judgment directed the 1 st respondent to consider his claim with specific reference to Clause 6 of the pay revision order dated 25.11.1998. Ext.P11 was the order passed thereafter. Government found that there is no regular promotion to the post of Binder under the second respondent as per the Special Rules and therefore he would be eligible only for the next higher scale as time bound higher grade.

(3.) Learned counsel for the petitioner points out that the real grievance of the petitioner was never considered by the 1st respondent or the 2nd respondent and that petitioner was entitled to get his pay fixed in the scale of pay applicable to Binders, who were brought under Operator Grade III, in Ext.P2 order which was Sl.No.IV having the scale of pay of Rs.950- 1500. Petitioner claims that his pay ought to have been fixed in the scale of pay of Rs.950-1500 as on 27.07.1991. It is pointed out that the scale of pay of Binder given in the Special Rules is Rs.950-1500 and therefore petitioner is entitled to get his pay fixed in that scale as on 27.07.1991.