B.MURALIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners had joined as Full Time Menial in the A.K.N.M - M.A.Memorial High School on 15.12.1988 and 30.6.1999 respectively. The petitioners were thereafter promoted to the post of Peon on 5.1.1998 and 26.3.2003. As per G.O(P).No.3000/98/Fin. dated 25.11.1998, the Government implemented pay revision for various categories of employees including the employees of Aided High Schools. As per paragraph 47 of the Government order, where promotion posts happen to have the scale of pay of feeder category posts, one advance increment will be granted to the incumbents appointed by promotion in posts carrying the scale of pay of feeder category posts. The post of Full Time Menial and the post of Peon to which the petitioners were promoted had the same scale of pay and therefore they were entitled for one advance increment as stipulated in paragraph 47. Accordingly, a request was submitted for grant of advance increment and the proposals were forwarded by the District Educational Officer under Exhibits P4 and P5. By Exhibit P6, the Government rejected the request for advance increment stating the reason that even though the post of Full Time Menial is a feeder category for appointment to the post of Peon, the method of appointment of Peon from these posts is not by promotion.

(2.) Heard Sri.Brijesh Mohan, learned counsel for the petitioner and Sri.Mathew George Vadakkel, the learned Government Pleader.

(3.) Learned counsel for the petitioner would submit that the issue stands covered by Exhibit P3 judgment. It is submitted that, against an identical rejection as in Exhibit P6, a challenge was raised before this Court and by Exhibit P3 judgment, this Court upheld the challenge and held that the view taken by the Government that Full Time Menial is not a feeder category for promotion to the post of Peon is clearly unsustainable. It is submitted that this Court having specifically held that the post of Full Time Menial to be a feeder category for promotion as Peon, the Government could not have issued Exhibit P6 order stating that even though the post of Full Time Menial is a feeder category for appointment to the post of Peon, the method of appointment of Peon from the post of Full Time Menial is not by way of promotion.