Promotion should yield appropriate financial benefits reflecting the responsibilities and status of the position, and anomalies in pay scales must be rectified.

J U D G M E N T

The grievance of the petitioner is that though he is promoted to a Higher Grade post, it is without any monetary benefits. The petitioner seeks to direct the respondents to fix higher pay scale to the post of Vehicle Supervisor (LDV) higher than that of Selection Grade (LDV) and grant all consequential benefits including arrears of salary from the date of promotion to the petitioner.

2. The petitioner states that he entered service under the 1^st respondent-Kerala Agricultural University on 21.06.2010 as Driver (LDV). He was promoted as Vehicle Supervisor (LDV) on 07.08.2020. In the 1^st respondent-University, the Grades prescribed for Driver (LDV) are (a) Driver Grade-II (LDV), (b) Driver Grade-I (LDV), (c) Driver Senior Grade (LDV) and (d) Driver Selection Grade (LDV). The next promotion post is Vehicle Supervisor (LDV).

3. When the 9^th Pay Revision was effected, the post of Vehicle Supervisor (LDV) was abolished with a condition that the post of Vehicle Supervisor will be retained for those who entered into the service of the 1^st respondent before 01.02.2011.

4. While implementing the recommendations of the 9^th Pay Revision, certain anomalies arose. The 1^st respondent issued Ext.P1 order dated 17.02.2014 to rectify the anomalies. In order to rectify the anomalies, Drivers (LDV) were classified as “Drivers joined service before 01.02.2011” and “Driver joined service after 01.02.2011”. The post of Vehicle Supervisor was retained only to those persons who entered service before 01.02.2011. The petitioner was promoted as Vehicle Supervisor (LDV) in the year 2020.

5. On implementing the 9^th Pay Revision, the pay scales of Selection Grade (LDV) and Vehicle Supervisor (LDV) were merged though Vehicle Supervisor is a superior / promotion post. The salary of Driver Selection Grade (LDV) was in the scale ₹7,990-12,930 and the pay scale of Vehicle Supervisor (LDV) was ₹8,390-13,270. On implementation of Pay Revision 2009, the pay scales of both the posts were revised to ₹14,620-25,280. The anomaly was carried on in the 10^th Pay Revision also.

6. The petitioner states that in the branch of Heavy Duty Vehicles, the Vehicle Supervisor (HDV) is drawing a higher pay than Driver Selection Grade (HDV). Therefore, the pay scale of Vehicle Supervisor (LDV) should be revised and enhanced. The University noted the anomaly and addressed a letter to the 4^th respondent-Agricultural Development and Farmers Welfare Department, Kerala requiring to rectify the anomaly. No action was taken thereon in spite of repeated requests made by the petitioner.

7. The petitioner later came to know that proposal made by the University was rejected by the 4^th respondent as per Ext.P12 letter dated 09.08.2023. The petitioner states that non-granting of higher pay for the promoted post of Vehicle Supervisor (LDV) is illegal and arbitrary. Promotion means advancement or preferment in honour, dignity, rank and/or grade. The Government failed to consider the request of the University to rectify the anomaly. Therefore, the 1^st respondent is compellable to grant higher pay scale to the petitioner as that of the Vehicle Supervisor (HDV) , contends the petitioner.

8. The 1^st respondent filed counter affidavit. The 1^st respondent stated that in the 9^th and subsequent Pay Revision orders, the Government has been allowing same scale of pay to the posts of Vehicle Supervisor (LDV) and Driver Selection Grade (LDV) of the Kerala Agricultural University and hence the University can allow the pay scale specified in the Pay Revision Order. The University does not have any right to enhance a pay scale on its own.