IMPORTANT POINT
The method of appointment, whether by promotion or transfer, is crucial in determining the entitlement to a higher scale of pay as Time Bound Higher Grade, as stipulated in the Pay Revision Order.

JUDGMENT :

Viju Abraham, J.

Since these original petitions are filed challenging common order dated 02.03.2015 in O.A.Nos.1852 of 2014 and 1963 of 2013 of the Kerala Administrative Tribunal, Thiruvananthapuram, they are heard and disposed of together.

2. O.P(KAT) No. 245 of 2015 is filed by respondents 1 and 2 in O.A.No.1852 of 2014 on the file of the Kerala Administrative Tribunal and the respondents herein are the applicants therein. The applicants in the O.A. are ex-servicemen who rejoined in Sainik Welfare Department as Welfare Organisers. Applicants 1 to 5 joined the department on 01.11.2004, 4.11.2004, 17.12.2004, 18.06.2005 and 18.05.2006 respectively. Other than ministerial staff there are mainly 4 posts in the department.

a. Director

b. Zilla Sainik Welfare Officer.

c. Personal Assistant and Manager/Assistant Secretary/Assistant Director/Assistant Zilla Sainik Officer

d. Welfare Organiser.

Of the said posts, the first three posts belong to the Kerala General Service whereas the post of Welfare Organiser belongs to the Kerala General Subordinate Service. As per the Kerala General Subordinate Service Rules, G.O(Ms) No.390/77/GAD dated 23.11.1977, the post of Welfare Organiser shall constitute a separate class in the Kerala General Subordinate Service. As per Annexure-A1 Government Order, the appointment to the post of Personal Assistant and Manager Directorate of Zanik Welfare/Assistant Secretary, Zilla Sainik Welfare Officer, now redesignated as Assistant Director/Assistant Zilla Sainik Welfare Officer is by transfer from the post of Junior Superintendent or in their absence by transfer from the post of Head Clerk/Welfare Organiser. Due to stagnation in the post, all the applicants were granted the first Time Bound Higher Grade on completion of 8 years as per Annexure-A2 order. The grievance raised by the applicants is regarding the sanctioning of their higher grade in a scale lesser than the scale they are entitled to. The applicants are on the scale of Rs.13900-24040 and they were sanctioned grade on the next higher scale of Rs.14620-25280 instead of the scale of pay of Rs.18740-33680. To the representation submitted by the applicants, the 2nd respondent by Annexure-A3 letter informed that the Welfare Organisers who have completed 8 years of service are entitled for scale of pay of Rs.14620-25280 as per Table I of Annexure-III to Annexure-A4, G.O(P) No.85/2011/Fin dated 26.02.2011. Annexure-A3 letter was also issued based on para 3 of Annexure-A5 Circular No.46/2008/Fin dated 08.08.2008. The stand taken in Annexure-A3 is that the method of appointment of Welfare Organisers to the post of Assistant Director/Assistant Zilla Sainik Welfare Officer is by way of ‘by transfer’ method and therefore Welfare Organisers who completed 8 years of qualifying service are eligible only for the scale of pay of Rs.14620-25280 as provided in Table I of Annexure-A4 Pay Revision Order. The stand of the applicants is that a similar issue was considered by this Court by AnnexureA6 judgment and held that the petitioner therein is entitled to grade promotion in the scale of Assistant Zilla Sainik Welfare Officer. AnnexureA6 judgment was upheld by the Division Bench in Annexure-A7 judgment in W.A. No.1147 of 1998. It is aggrieved by the denial of the scale of pay of Rs.18740-33680 as the first Time Bound Higher Grade to the applicant that the present OA was filed. Similar contentions were raised in the connected case, O.A. No. 1963 of 2013 which was posted along with O.A.No.1852 of 2014.

3. O.A.No.1852 of 2014 was heard along with O.A.No.1963 of 2013 (against which O.P(KAT) No.261 of 2015 is filed) and by Ext.P3 common order dated 03.02.2015, the Tribunal allowed both the O.As directing the respondents therein to issue revised orders granting the scale of pay of Rs.18740-33680 as First Time Bound Higher Grade to the applicants therein. The Tribunal while issuing Ext P3 common order essentially relied on Annexure-A6 (judgment dated 27.02.1998 in O.P.N