STATE OF KERALA Vs. K K ABOOBACKER

JUDGEMENT

(1.) The question that is posed for consideration m this case is whether the period of notional promotion could be treated as qualifying service for the time bound higher grade as per various orders issued by the Government.

(2.) Learned single judge of this Court in Ibrahim v. Commissioner and Secretary to Government, 2003 1 KerLT 534 has taken the view that whether a person who was in actual discharge of duties attached to a post is not a consideration relevant in the matter of granting higher grade. Following the above mentioned decision W.P.C. No. 16046 of 2003 was disposed of quashing Exts. P10 and P10(a) and giving a positive direction to the third respondent to grant the petitioner higher grace of Rs. 4600-7125 with effect from 14-03-1999 on completion of 8 years of service in the first promotion post of U.D. Clerk. State Government is aggrieved by the said judgment and has filed this appeal.

(3.) Sri. Manojkumar, learned Government Pleader submitted that learned single judge was not justified in granting the benefit of higher grade which is available only to those employees who were actually stagnated in the post for a number of years. Government Pleader also submitted that the period of retrospective notional promotion cannot be reckoned for allowing time bound higher grade which is sanctioned on the basis of length of actual service/stagnation in a particular post. Government Pleader referred to various government orders viz., G.O. (Ms) M No. 439/79/GAD dated 1-8-1979, G.O.(P) No. 1041/79/(142)/Fin dated 27-11-1979, G.O.(P) 81/80/(159)/Fin dated 22-01-1980 and also the letter 16-10-1993 and 09-07-2002 and submitted that the above mentioned government orders would show that the intention of the Government was only to grant higher grade to those persons who are actually stagnation in a particular post without any chances of promotion.