High CourtsSingle Bench(2023) 05 KL CK 0205

L.Sundaram Ammal vs Director, State Resource Centre State Resource Centre, Thiruvananthapuram

High Court Of Kerala · Decided on 26 May 2023

HON’BLE JUDGES
Mohammed Nias C.P., J
CASE NUMBER
Writ Petition (C) No. 1660 Of 2006

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Judgment

9 paragraphs · 394 words

Mohammed Nias C.P., J

This Writ Petition is filed with the following reliefs:

i) Issue a declaration that the petitioner is entitled to get the grade promotions in the years 1990, 1998 and 2003 and all consequential benefits consequent to the re-fixation of her pay in accordance with the government orders.

ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents to re-fix the pay scale of the petitioner after giving the grade promotions due to her in the year 1990, 1998 and 2003 and in accordance with the Government Orders G.O. (P) No. 480/89/Fin. Dated 1-11-1989, G.O. (P) No. 600/93/Fin, dated 25-09-1993 and G.O. (P) No. 930/93/(2) Fin. Dated 8-12-1993 and G.O. (P) No. 3000/98/Fin. Dated 25-11-1998 and disburse the arrears due to the petitioner consequent to the above re-fixation of salary with 18% interest from the date it fell due forthwith.

A counter affidavit has been filed by the 2nd respondent. Paragraph 13 of the counter affidavit is extracted hereunder:

“13. It is submitted that the service Rule for SRC employees has been approved by Governing Body on 25-7-1995. Grade promotions came into effect after the approval of Service Rule. As per rules/orders relating to time bound higher- grade promotion scheme admissible to State Government employees/Teachers service rendered in the scale of pay and reckoned for increment alone will be counted as qualifying service for grade promotion.

Service rendered in the post with consolidated pay will not rekon for increment, hence not for higher grade promotions also, in respect of State Government employees. The petitioner has given first time bound grade promotions from 1-3-1997, second time bound grade promotion on 1-9-1998 and third time bound grade promotion on 29-9-2003. The petitioner was given the benefit of the revised pay scale on the basis of the scale implemented with effect from 1-3-1992 as as per G.O. (P) No. 600/1993/Fin dated 25-09-1993 based on the scale fixed to her on 1-1-1990. After the approval of the service Rule the petitioner was given time bound grade promotions on 1-9-1998 on completion of 18 years and thereafter on completion of 23 years on 29-9-2003 on the basis of the scale fixed in the entry post”.

The above statements are recorded.

In view of the above, nothing survives for consideration in this Writ Petition. Accordingly, this Writ Petition is closed.