CHANDRASEKHARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The controversy involved in this case is whether a non gazetted officer who stagnates in a given grade is entitled to higher grade on completion of the period specified in this behalf by the Government with the specific objective of giving redress to such person, in spite of the fact that during the interim period such a person is given provisional promotion to the higher grade.

(2.) Petitioner was appointed as Village Assistant on 2-5-1967. He was promoted as Village Officer with effect from 17-11-1972. Subsequently he was promoted as Revenue Inspector by the proceedings dated 11-8-1981 and continued in that post till 25-2-1988. However, by the proceedings dated 26-2-1988 he was reverted as Village Officer for want of vacancy. The petitioner continues to be a Village Officer.

(3.) The first respondent State Government by issuing GOMS 439/79/GAD dated 1-8-1979 sanctioned the benefit of higher grade with effect from 1-1-1979 to all non gazetted officers who remained in the entry grade for 13 years without any promotion in the normal course. Subsequently that order was modified by GOP 550/85/Fin dated 16-9-85 by which the benefit of higher grade was granted to all the employees on completion of 10 years service in the same grade. Petitioner made Exts. P1 and P2 representations to the authorities for granting him the benefit of the said Government Orders. As there was no response from the authorities, he was compelled to file an original petition before this court viz. O.P.No.10411/89 which was disposed of by Ext. P3 judgment directing the authorities to dispose of the representation within three months. Pursuant to Ext. P3 judgment Ext. P4 order was passed by the first respondent by stating that the petitioner's claim is not admissible in the light of the orders issued in GOP NO.707/81 (373) Fin dated 28-10-1981. A copy of the said Government Order dated 28-10-1981 is submitted along with the original petition marked as Ext. P5. Ext. P5 proceeds on the ground that in the case of those who got promotion for some time and then reverted and are continuing in the entry grade/same grade shall be allowed the benefit of grade promotion if they have at their credit 13 years of qualifying service excluding the period during which they were holding the higher post on promotion as on 1-7-1979 or subsequent dates when they complete the prescribed period of 13 years of service for that purpose.