The reclassification of appointments by transfer as direct recruitment is arbitrary and undermines previously earned benefits; courts must address resulting pay anomalies.

JUDGMENT

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Petitioners - Escort Attendants working in the High Court of Kerala seek to direct the respondents to rectify the junior-senior anomaly and fix the pay of the petitioners in tune with the pay fixed in respect of their juniors and grant all consequential benefits to them.

2. The petitioners state that they were appointed as Peons in the High Court service during the year 2007-2009. They were granted First Time Bound Higher Grade on completion of eight years service. The High Court incorporated the post of Escort Attendant in the Kerala High Court Service Rules, 2007 as category 4(a) under Division IV.

3. Appointment to the post of Escort Attendants was to be made by transfer from suitable and willing members in the categories of Court Keeper (HG), Court Keeper, Office Attendant (HG) and Office Attendant, based on seniority, as per Ext.P5 Office Memorandum dated 26.11.2020. The posts of Escort Attendants were created covering 47 posts of Office Attendants. Petitioners 1 to 8 and 10 were appointed as Escort Attendants by transfer, as per Ext.P9 order dated 30.07.2021.

4. The petitioners had received First Time Bound Higher Grade on completion of eight years service. Higher Grades have to be given on completion of 8/15/22 years of service. The petitioners state that they are entitled to second Higher Grade on completing 15 years of total service. However, their representations for Higher Grade were rejected by the Registrar General of the High Court of Kerala as per Ext.P13 order dated 07.01.2025.

5. According to the petitioners, due to the rejection of their request as per Ext.P13, many juniors to the petitioners are drawing higher scale than that of the petitioners. Smt.Rani K.K. and Nishitha K.M., who were juniors to the petitioners in the cadre of Peon, thus draw higher pay for the reason that the petitioners got appointment by transfer as Escort Attendants.

6. The petitioners therefore submitted Ext.P17 representation dated 13.02.2025 seeking to rectify the junior- senior anomaly. The 2^nd respondent again rejected their request as per Ext.P18 Office Memorandum dated 18.06.2025. The petitioners state that Ext.P18 is illegal and arbitrary and cannot be sustained in the light of the judgments of this Court in W.P.(C) No.32933/2014, W.A. No.488/2017 and similar cases.

7. The petitioners therefore seek to quash Exts.P13 and P18 and to direct the respondents to rectify the junior-senior anomaly and fix the pay of the petitioners in tune with the pay fixed in respect of their juniors and grant all consequential benefits to them.

8. The respondents opposed the writ petition. The respondents stated that the petitioners were originally appointed as Office Attendants in the scale of pay of ₹23,000- 50,200. They were granted First Higher Grade on completion of eight years in the scale of ₹23,700-52,600. Their pay was fixed in terms of Rule 28A Part I KSR on their appointment as Escort Attendants.

9. Time Bound Higher Grades are given as per the Scheme provided in the 11^th Pay Revision Order. As per the Scheme, employees who remain in their entry post in the scales of pay ranging from ₹23,000-50,200 to ₹85,000- 1,43,600 will be given Higher Grades on completion of specified periods of service as mentioned below:

(1) The first TBHG on completion of ei