Balakrishnan Nair, J.

The point that arises for decision in this case is whether on the junior getting grade promotion, can the senior claim the same pay as his junior, though the latter has not completed the required number of years for grade promotion. The respondents in the Writ Petition are the appellants. The first respondent herein was the petitioner.

2. The brief facts of the case are the following. The first respondent joined the service of the first appellant as Draftsman/Overseer/Surveyor Grade III/Tracer on 13.5.1985. He was promoted as Draftsman/Overseer/Surveyor Grade II with effect from 13.5.1987. Still later, he was promoted as Draftsman/Overseer/Surveyor Grade I with effect from 14.5.1988. One Smt. Suprabha, who joined the service of the first appellant as Draftsman/Overseer/Surveyor Grade II on 4.3.1988 and who was junior to the respondent, was promoted as Draftsman/Overseer/Surveyor Grade I on 4.3.1990. On completion of eight years in the said cadre, she became eligible for grade promotion in the scale of pay of Assistant Engineer. Since the opted to come over to the scale of Assistant Engineer on 1.11.1998, she was granted higher grade with effect from