SECRETARY TO GOVERNMENT Vs. SURENDRAN

JUDGEMENT

(1.) The short question raised before us in this appeal is whether the learned Single Judge was justified in upholding the claim of respondents 1 and 2 that they are entitled to the first time bound higher grade in the scale of pay of Rs.2060-3200/-, applicable to the post of Chief Photographer in the Photographic Bureau of Police Department.

(2.) Facts of the case are that respondents 1 and 2 were Police Photographers, who had entered service on 12.8.1995 and 19.8.1995 respectively. In Ext.P1 Pay Revision Order, the first higher grade was sanctioned to Government employees on completion of 10 years of service in the entry post. However, in Ext.P2 order it was also provided thus:

(3.) According to the respondents, promotions were being effected from among photographers to the post of Chief Photographer and they have produced Exts.P13, P14 and P15 orders to substantiate this contention. They, therefore, contended that, in view of clause (vii) of the Pay Revision Order referred to above, they are eligible for the scale of pay to the higher post of Chief Photographer. Although the appellants contended that the post of Chief Photographer is not a promotion post for photographers, and that appointments are made made 'by-transfer' rendering respondents 1 and 2 ineligible for the benefit claimed, in the judgment under appeal, the learned Single Judge held that this is a fit case for considering the post of Chief Photographer as a promotion post for photographers for the purpose of grant of higher grade. On that basis, the learned Judge directed that respondents be granted the scale of pay to the post of Chief photographer. This judgment is under challenge before us.