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1999 DIGILAW 26 (KER)

Gopalan v. State of Kerala

1999-01-13

D.SREEDEVI

body1999
Judgment :- Sreedevi J. The petitioner has filed this Original Petition for a writ of Mandamus, directing the respondents to reckon the part-time service rendered by the petitioners for the purpose of granting the entire service benefits and to declare that the petitioners are entitled to get the entire service benefits reckoning their part-time service also and to grant the benefit of Grade Promotion to the petitioners, in accordance with the IVth and Vth Kerala Pay Commission Orders, to quash Ext. P3 order. The petitioners are full-time contingent employees working under the Education Department. The grievance of the petitioners is that their entire service including part-time, is not counted for their service benefits. Their representation submitted to the authorities were not attended to. The first petitioner was appointed as Part-time contingent Menial in the Government U.P. School, Thavidissery on 7.8.1968. He became a full-time employee on 12.1.1982. He has got 25 years service without any break. All the other petitioners joined the service as part-time contingent employees and later their services have been converted into full-time. Ext. P1 is the list of employees, showing the date of joining as part-time contingent employee and also as full-time contingent employee. The duties and responsibilities of both the part-time and full time employees are one and the same. Therefore, the petitioners are entitled to the benefits conferred on the full time employees. The Government have accepted the recommendations of the IVth Kerala Pay Commission, relating to the scale of pay and allied matters. It reads as follows: "(c) Time-bound Grade promotion: 10. After reviewing the existing scheme of time bound/non-cadre promotion, the Commission has made a number of recommendations for liberalisation. Government accepted the recommendations and order as follows: i) Employees in therevisedscalesofpayrangingfromRs.550-800toRs.1150-2270 will be allowed promotion to higher grade on completion of 1 Oyears of service and a second higher grade after either 10 years of service in the first higher grade or a total service of 20 years in the two grades together, whichever is earlier." 2.' As per the above order of the Government, all the employees under the service of the Government could get grade promotion on completion of 10 years or 20 years respectively. Government issued another order on 1.11.1989, whereby a further grade was granted to the Government employees on completion of 25 years. Government issued another order on 1.11.1989, whereby a further grade was granted to the Government employees on completion of 25 years. While dealing with a similar case, this court in Joyce v. State of Kerala (1992 (1) KLT 777) held that the service mentioned in the Government Orders speaks about service without qualification. According to the counsel for the petitioner, the only requirement to be satisfied for the purpose of getting the benefits under the Government Orders is the completion of respective years of service. The petitioners submitted Ext. P2 representation to the Government. The Government denied the benefit prayed for by the petitioners under Ext. P3. A Division Bench of this Court held in K. K, Marikar v. P. S. C. that the service used in the Rule includes provisional service also. In Vasu Filial v. State of Kerala (1986 KLT 198) also the court dealt with the expression, 'contingent service'. It reads as follows: "The expression "contingent service' is the genus and the expressions 'part time contingency' and full time contingency' are species belonging to this genue. It therefore, follows that when the rule making authority has used the expression" contingency service', it conveys that it refers to both part-time and full-time contingent service." Therefore, for the purpose of counting service, the part-time contingent service also has to be taken into consideration. 3. No counter has been filed by the State. Therefore, in the light of the Division Bench decision of this Court, I find that the petitioner is entitled to reckon the part-time service for the purpose of granting the entire service benefits. They are also entitled to the benefit of grade promotion, in accordance with the IVth and Vth Kerala Pay Commission Reports. Ext. P3 letter is therefore, liable to be quashed. 4. In the result, the Original Petition is allowed and the respondents are directed to reckon the part-time service rendered by the petitioners for the purpose of granting the entire service benefits. It is declared that the petitioners are entitled to get the entire service benefits reckoning their part time service also. They are directed to grant the benefit of grade promotion, in accordance with the IVth and Vth Kerala Pay Commission Reports.