KANAKA T K Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner entered the service in the Department of Medical Education as a Lab Technician Grade II on 5.10.1985. At that time, Lab Technicians Grade II could aspire for promotion either to the post of Museum Curator or the post of Curator both of which carry the same scale of pay depending on the occurrence of vacancy when the turn for promotion comes for each Lab Technician Grade II. THE petitioner was promoted as Museum Curator by Ext. P3 order dated 25.2.1988. Subsequently, on account of pay revision, the scale of pay of Curator became slightly higher than that of Museum Curator. As a consequence, juniors of the petitioner in the post of Lab Technician Grade II, who got promoted as Curator happened to get higher scale of pay than the petitioner. Against this anomaly, the petitioner approached this Court by filing O.P.No. 2779/1994. During the pendency of the said original petition, by Ext. P6 order dated 22.7.1995, the petitioner was posted as Curator. Since the anomaly was so rectified, the petitioner withdrew the original petition. Subsequently, the petitioner claimed higher grade on completion of 18 years in the post of Lab Technician Grade II and promotion post put together. That was rejected by Ext. P9 on the ground that since the petitioner got two promotions, the petitioner is not eligible for 18 year higher grade and that he is entitled to only the 23 year higher grade. THE same was confirmed by Ext. P10 order. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) A counter affidavit has been filed by the 2nd respondent taking the stand that the petitioner did get two promotions, one from the post of Lab Technician Grade II to that of Museum Curator and the second as Curator. Therefore, according to the respondents , the petitioner is not eligible for the 18 year higher grade.