P.M. YOHANNAN Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) THIS Writ Petition is filed challenging the cancellation of promotion granted to petitioner in 1986, as NMR skilled Operator and the higher grade and consequential benefits based on that, after his retirement from service in 2008, resulting in huge reduction of his terminal benefits. The facts leading to the impugned action of respondents are as follows.

(2.) PETITIONER retired from service on 30.06.2006 while working as Skilled Operator in Kerala Water Authority . He commenced service as S.L.R Worker in the erstwhile Public Health Engineering Department (P.H.E.D) on 15.09.1972. He was absorbed in N.M.R service with effect from 04.08.1977. He was promoted as N.M.R Skilled Operator on 22.02.1986, as per Ext. P1 order issued by the Executive Engineer, PH Division, Perumbavur. Immediately after his promotion as NMR Skilled Operator, he was absorbed in regular establishment with effect from 1.04.1984, pursuant to orders passed by the Kerala Water Authority on 30.3.1986, based on general orders issued by Govt. in G.O(Rt) No. 2012/85/LA & SWD dt. 26.6.1985 for absorption of NMR employees with effect from 01.04.1984. He was granted higher grade with effect from 1.10.1994 and his pay was fixed in the scale of Rs. 1445 -2440, as per Ext. P2 order. He was getting his pay fixed in accordance with the pay -revision orders issued from time to time in the appropriate pay scale. On 11.05.2006, the Accounts Officer of the 1st respondent, as per Ext. P3 letter, informed the Executive Engineer P.H Division that the promotion given to the petitioner as N.M.R Skilled Operator, was after his absorption in regular establishment and hence it was irregular, as the Executive Engineer was not competent to promote regular establishment workers as Operators. It was stated therein that promotion was in order in case the petitioner was promoted while remaining as an NMR employee and hence he requested to revise the same, by taking up the matter with the office of the Managing Director, Kerala Water Authority. That letter was issued at a time when the petitioner had only about 1 more month for retirement on superannuation. As petitioner did not get his retirement benefits and on coming to know about the letter from the Accounts Officer, on inquiry, he approached the Managing Director by submitting representations Exts. P4 and P5 requesting to expedite the proceedings for finalisation of his pensionary benefits. After a personal hearing on 17.12.2007 in the office of the Managing Director of the Kerala Water Authority, the Managing Director issued Ext. P7 order on 21.12.2007 saying that the petitioner was absorbed in the regular establishment as Unskilled Worker w.e.f 1.4.84 in the light of G.O(Rt) No. 2012/85/LA & SWD dt.26.6.1985 and order No. 12515/GLI/85/HO dt.30.3.86 of the Managing Director of the Kerala Water Authority. Therefore the promotion given to him by the Executive Engineer after his absorption into regular establishment was irregular. Directions were issued to re -fix the higher grades and re -calculate the pensionary benefits due to him accordingly. Consequent to this, the Executive Engineer issued Ext. P8 order on 11.1.2008 cancelling his promotion as Operator w.e.f 22.2.1986 as well as the time bound higher grade for 8 years of service granted to him w.e.f 1.10.1994. It was directed to fix his pay in the category of unskilled worker. Accordingly, by another order passed on 6.2.2008 - Ext. P9, the Assistant Executive Engineer, Perumbavur re -fixed the pay of the petitioner treating him as Unskilled Worker, at reduced rates.

(3.) THE Managing Director thereupon issued Ext. P15 order practically rewriting the earlier order which was passed on 21.12.2007, rejecting the claim of the petitioner to allow the pensionary benefits restoring the orders of promotion and grant of grade promotion. It was stated that the promotion granted to him as NMR Operator after absorption into regular establishment and fixation of pay ordered in his case were irregular and hence liable to be cancelled and therefore he was eligible for pensionary benefits admissible in the status of Unskilled Worker.