S PUSHPARAJ Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) THE petitioner submits that he shall be granted higher grade taking into account his N.M.R. service from 1.11.1964 as well. Petitioner commenced N.M.R. service on 1.11.1964. He was an N.M.R. worker. THEreafter he was promoted as operator on 1.12.1971. THE time fixed for time bound higher grade at the relevant time is 13 years. He was granted a further higher grade while working as Operator on completion of 13 years from 30.11.1984 onwards. He was also later granted second higher grade as well. THE contention of the petitioner is that after he having been promoted on 1.12.1971, he should have been granted a higher grade with effect from 1.11.1977. THE petitioner submits that he shall be granted higher grade taking into account his N.M.R. service from 1.11.1964 as well. Petitioner commenced N.M.R. service on 1.11.1964. He was an N.M.R. worker. THEreafter he was promoted as operator on 1.12.1971. THE time fixed for time bound higher grade at the relevant time is 13 years. He was granted a further higher grade while working as Operator on completion of 13 years from 30.11.1984 onwards. He was also later granted second higher grade as well. THE contention of the petitioner is that after he having been promoted on 1.12.1971, he should have been granted a higher grade with effect from 1.11.1977.

(2.) THE time bound higher grade is granted when one does not get a normal channel promotion. Time bound higher grade promotion at the relevant point of time was on completion of 13 years. In this case the petitioner obtained a promotion within seven years from the first commencement of N.M.R. service, i.e. 1.12.1971, itself, as Operator. THErefore there was a regular channel promotion without waiting even for 13 years. In such circumstances, he cannot again claim a promotion on completion of 13 years of service from the commencement of N.M.R. service on 1,11,1964 because time bound higher grade promotion is granted to those who did not get promotion within 13 years. THE petitioner obtained promotion within seven years itself. Naturally the petitioner can get further higher grade only on completion of 13 years from the date of promotion effected on 1.12.1971. THEre was nothing illegal in the stand of the respondents. Paragraph 4 of Ext. P10 reads that "(i) For this grant of grade promotion in regular establishment, NMR service will be taken into account." He can reckon the NMR service for the higher grade if he had not got a promotion within 13 years from the date of initial appointment. That alone will be the natural consequence of Ext. P10 and nothing better. In this case he had obtained a promotion within seven years of commencement of NMR service as mentioned above. THE Original Petition therefore fails. It is dismissed.