Kerala High Court
P.K.Sasi vs State Of Kerala on 10 January, 2020
Equivalent citations: AIRONLINE 2020 KER 35, 2020 LAB IC 1060
Author: A.K. Jayasankaran Nambiar
Bench: S.Manikumar, A.M.Shaffique, A.K. Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/20TH POUSHA, 1941
W.A.No.996 OF 2009
AGAINST THE JUDGMENT DATED 4.2.2009 IN W.P(C).NO.551/2005 OF
HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 P.K.SASI, SENIOR ACCOUNTANT,
SUB TREASURY, PIRAVOM.
2 JOSE JOSEPH, TREASURER,
SUB TREASURY, MOOVATTUPUZHA.
3 T.R. KRISHNA WARIYAR, TREASURER,
SUB TREASURY, KUNNATHUNADU AT PERUMBAVOOR.
4 K.P. RAJENDRAN, TREASURER,
STAMP DEPOT, ERNAKULAM.
5 JOSEPH.M.R, TREASURER
ADDL. SUB TREASURY, ERNAKULAM.
ADDITIONAL APPELLANTS R6 & R7:
6 R.CHITHRA, W/O.LATE K.P.RAJENDRAN
CHITHRA BHAVAN, KUNNAHERI, THYKATTUKARA,
ALUVA.
7 REJANI RAJENDRAN, D/O.LATE K.P.RAJENDRAN
CHITHRA BHAVAN, KUNNAHERI, THYKATTUKARA,
ALUVA.
ADDITIONAL APPELLANTS 6 & 7 ARE IMPLEADED AS PER ORDER
DATED 16.10.2014 IN I.A.NO.684/2012.
BY ADVS.SRI.P.SREEKUMAR
SRI.K.S.MANU (PUNUKKONNOOR)
SRI.P.S.SIDHAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF TREASURIES
OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM.
3 THE JOINT DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
4 THE ACCOUNTANT GENERAL [A&E]
ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM.
R1 TO R4 BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2019,
ALONG WITH W.A.No.1143/2009 & CONNECTED CASES, THE COURT ON
10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
W.A.No.1143 OF 2009
AGAINST THE JUDGMENT IN W.P(C).NO.22629/2005 DATED 02-03-2009
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS 3, 4, 6, 8 AND 11:
1 REMESHMON PILLAI R.R. AND OTHERS
TREASURER, SUB TREASURY, MANCOMPU, ALAPPUZHA.
2 PRATHAP SINGH FORMERLY TREASURER
SUB TREASURY, CHENGANNUR,, NOW WORKING AS TREASURER,
SUB TREASURY, KAYAMKULAM.
3 K.T.SREEKUMAR, FORMERLY TREASURER
PENSION PAYMENT SUB TREASURY, ERNAKULAM, NOW WORKING AS
TREASURER, SUB TREASURY, MATTANCHERRY.
4 DAYANANDAN.M.
FORMERLY SENIOR ACCOUNTANT, SUB TREASURY, HARIPAD,
NOW SELECTION GRADE ACCOUNTANT, SUB TREASURY, MANNAR.
5 ABDUL RASHEED.A.
FORMERLY SENIOR ACCOUNTANT, DISTRICT TREASURY,
CHENGANNUR, NOW WORKING AS JUNIOR SUPERINTENDENT,
DISTRICT TREASURY, ALAPPUZHA.
BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
RESPONDENTS:
1 STATE OF KERALA AND OTHERS
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF TREASURIES
THIRUVANANTHAPURAM.
3 THE ACCOUNTANT GENERAL
THIRUVANANTHAPURAM.
4 REGHUNATH, TREASURER
SUB TREASURY, HARIPAD, CHENGANNUR DISTRICT
TREASURY,ALAPPUZHA DISTRICT.
5 B.GOPAKUMAR (H.G.), TREASURER
SUB TREASURY, HARIPAD, CHENGANNUR, ALAPPUZHA DISTRICT.
6 N.SURENDRAN, TREASURER
SUB TREASURY, CHENGANNUR.
7 RAMACHANDRAN NAIR.V.
SELECTION GRADE ACCOUNTANT, SUB TREASURY, EDATHUVA.
8 JAYAPRAKASH.S., SENIOR ACCOUNTANT,
DISTRICT TREASURY, CHENGANNUR.
R1 BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
R1 BY ADV. SRI.R.RAJASEKHARAN PILLAI
R1 BY ADV. SMT.SABINA JAYAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2019,
ALONG WITH W.A.NO.996/2009 AND CONNECTED CASES, THE COURT ON
10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/23RD ASWINA, 1936
W.A.No.1434 OF 2009
AGAINST THE JUDGMENT DATED 21.05.2009 IN W.P(C).NO.10330/2007
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
VINOY LOBO
SENIOR ACCOUNTANT, DISTRICT TREASURY, KOLLAM.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE ACCOUNTANT GENERAL (A&E) KERALA
THIRUVANANTHAPURAM.
3 THE DIRECTOR OF TREASURIES
THIRUVANANTHAPURAM.
R BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
19-12-2019 ALONG WITH W.A.NO.996/2009 AND CONNECTED CASES, THE
COURT ON 10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
W.A.No.1438 OF 2009
AGAINST THE JUDGMENT DATED 21.05.2009 IN W.P(C).NO.30778/2008
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
REJI.T.
SENIOR ACCOUNTANT/TREASURER, SUB-TREASURY,
PATHANAPURAM, KOLLAM DISTRICT.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE ACCOUNTANT GENERAL (A&E) KERALA
THIRUVANANTHAPURAM.
3 THE DIRECTOR OF TREASURIES
THIRUVANANTHAPURAM.
R BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2019,
ALONG WITH W.A.NO.996/2009 AND CONNECTED CASES, THE COURT ON
10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
W.A.No.1441 OF 2009
AGAINST THE JUDGMENT DATED 21.05.2009 IN W.P(C).NO.12587/2006
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 N.BALACHANDRAN NAIR
SENIOR ACCOUNTANT, SUB-TREASURY, KOTTAYAM.
2 K.J.JOSEPH
SELECTION GRADE ACCOUNTANT, SUB-TREASURY,
KARUKACHAL,, KOTTAYAM DISTRICT.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE ACCOUNTANT GENERAL (A&E) KERALA
THIRUVANANTHAPURAM.
3 THE DIRECTOR OF TREASURIES
THIRUVANANTHAPURAM.
BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2019,
ALONG WITH W.A.NO.996/2009 AND CONNECTED CASES, THE COURT ON
10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
W.A.No.1471 OF 2009
AGAINST THE JUDGMENT DATED 21.05.2009 IN W.P(C).NO.27361/2006
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 BABU K.JACOB
SENIOR ACCOUNTANT (HG),
SUB-TREASURY, ERATTUPETTA, KOTTAYAM DISTRICT.
2 B.VIKRAMAN NAIR, SENIOR ACCOUNTANT (HG),
DISTRICT TREASURY, KOTTAYAM.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE ACCOUNTANT GENERAL (A&E) KERALA
THIRUVANANTHAPURAM.
3 THE DIRECTOR OF TREASURIES
THIRUVANANTHAPURAM.
BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2019,
ALONG WITH W.A.NO.996/2009 AND CONNECTED CASES, THE COURT ON
10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
O.P(KAT).No.363 OF 2015
AGAINST THE ORDER IN T.A.NO.1624/2012 DATED 15-03-2012 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 6 IN T.A.:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
3 THE JOINT DIRECTOR OF TREASURIES, THRUVANANTHAPURAM.
4 ACCOUNTANT GENERAL, A & E, KERALA, THIRUVANANTHAPURAM.
5 THE DISTRICT TREASURY OFFICER, MALAPPURAM.
6 THE DISTRICT TREASURY OFFICER, PALAI.
BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS 1 TO 11 IN T.A.:
1 S.MOOSAKUNJU
SELECTION GRADE ACCOUNTANT, SUB TREASURY, NEDUMANGAD.
2 T.SURENDRAN PILLAI
SENIOR ACCOUNTANT, SUB TREASURY, KULIMANOOR.
3 GEORGEKUTTY SEBASTIAN
SENIOR ACCOUNTANT, SUB TREASURY, ENGINEERING COLLEGE,
THIRUVANANTHAPURAM.
4 J.MASIHADAS, SENIOR ACCOUNTANT
PENSION PAYMENT SUB TREASURY, NEYYATTINKARA.
5 K.R.REGHUNATH
SELECTION GRADE ACCOUNTANT, ADDITIONAL SUB TREASURY,
NEYYATTINKARA.
6 C.SAHAYADAS
SELECTION GRADE ACCOUNTANT, SUB TREASURY, VIZHINJAM.
7 K.RAVEENDRAN
SENIOR ACCOUNTANT, PENSION PAYMENT SUB TREASURY,
NEYYATTINKARA.
8 K.K.RAJU
JUNIOR SUPERINTENDENT, SUB TREASURY, VAIKOM.
9 JOLLY SAJAN RAJ
JUNIOR SUPERINTENDENT, SUB TREASURY, MEENACHAL, PALAI.
10 BABY THOMAS
JUNIOR SUPERINTENDENT, SUB TREASURY, MEENACHIAL, PALAI.
11 P.S.SASIDHARAN
JUNIOR SUPERINTENDENT, DISTRICT TREASURY, PALAI.
ADDL.RESPONDENTS 12 TO 19:
12 HARINDRABABU P.A
DISTRICT TREASURY OFFICER, DISTRICT TREASURY,
KOLLAM - 691 013.
13 ANIL KUMAR K.B
SUB TREASURY OFFICER, SUB TREASURY, SASTHANCOTTA,
KOLLAM - 690 521.
14 BABURAJAN N
SUB TREASURY OFFICER, SUB TREASURY LEGISLATIVE COMPLEX,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.
15 MURALEEDHARAN PILLAI J
JUNIOR SUPERINTENDENT, DISTRICT TREASURY, KOLLAM - 691 013.
16 ANAS T.M
SUB TREASURY OFFICER, PENSION PAYMENT SUB TREASURY, FORT,
THIRUVANANTHAPURAM - 695 023.
17 RAJAN R
JUNIOR SUPERINTENDENT, DISTRICT TREASURY, KOLLAM - 691 013.
18 THOMSON J
SUB TREASURY OFFICER, SUB TREASURY, PONNANI,
MALAPPURAM - 679 577.
19 WILSON A
SUB TREASURY OFFICER, SUB TREASURY, VARKALA,
THIRUVANANTHAPURAM - 695 141.
ADDL. RESPONDENTS R12 TO R19 ARE IMPLEADED AS PER THE ORDER
DATED IN 19/5/16 IN IA. 257/2016.
R2, R4 BY ADV. SHRI AJITH NARAYANAN
R3, R12-19 BY ADV. SRI.ANOOP.V.NAIR
R3, R12-19 BY ADV. SRI.S.VIBHEESHANAN
R3, R12-19 BY ADV. SRI.K.SUDHINKUMAR
R3, R12-19 BY ADV. DR.K.P.SATHEESAN SR.
R3, R12-19 BY ADV. SRI.P.MOHANDAS ERNAKULAM
R11 BY ADV. SRI.SUNIL V.MOHAMMED
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 19-12-2019, ALONG WITH W.A.NO.996/2009 AND
CONNECTED CASES, THE COURT ON 10-01-2020 DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
O.P(KAT).No.370 OF 2015
AGAINST THE ORDER DATED 15.3.2012 IN T.A.NO.665/2012 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 5 IN T.A.:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF TREASURIES,THIRUVANANTHAPURAM.
3 ACCOUNTANT GENERAL, A AND E, KERALA, THIRUVANANTHAPURAM.
4 THE DISTRICT TREASURY OFFICER, MALAPPURAM.
5 THE DISTRICT TREASURY OFFICER,
RURAL DISTRICT TREASURY, KOTTARAKKARA.
BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS 1 TO 5 IN T.A.:
1 E.RAMAKRISHNAN
SENIOR ACCOUNTANT, SUB TREASURY, PERINTHALMANNA.
2 G.RAVEENDRANATH,
SENIOR ACCOUNTANT, SUB TREASURY, PERINTHALMANNA.
3 S.VIJAYAKRISHNAN NAIR,
SENIOR ACCOUNTANT, RURAL DISTRICT TREASURY, KOTTARAKKARA.
4 K.T.SATHEESHKUMAR,
SENIOR ACCOUNTANT, RURAL DISTRICT TREASURY, KOTTARAKKARA.
5 M.JAWAHARLAL,
PRESIDENT, KERALA TREASURY STAFF ASSOCIATION,
C/O.JOINT COUNCIL OFFICE, THIRUVANANTHAPURAM.
R1-4 BY ADV. SRI.S.S.HUSSAIN
R1-4 BY ADV. SRI.V.AJITH NARAYANAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 19-12-2019 ALONG WITH W.A.NO.996/2009 AND CONNECTED
CASES, THE COURT ON 10-01-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
and
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 10TH DAY OF JANUARY 2020/28TH AGRAHAYANA, 1941
O.P(KAT).No.241 OF 2018
AGAINST THE ORDER DATED 11-07-2017 IN T.A.NO.891/2012 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 4 IN T.A.:
1 THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
2 THE JOINT DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
3 THE DISTRICT TREASURY OFFICER, ALAPPUZHA.
4 THE DISTRICT TREASURY OFFICER, PALAKKAD.
BY SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN T.A.:
1 M.NADARAJAN
TREASURER, SUB TREASURY, KUTHIATHODE, ALAPPUZHA DISTRICT.
2 G. PRASANNA BABU
TREASURER, SUB TREASURY, KUTHIATHODE, ALAPPUZHA DISTRICT.
3 M.J. ABRAHAM
JUNIOR SUPERINTENDENT, DISTRICT TREASURY, PALAKKAD.
4 T.P. SUNIL
SELECTION GRADE ACCOUNTANT, SUB TREASURY, EDATHUA,
ALAPPUZHA DISTRICT.
R2-4 BY ADV. ANAND S. A.
R1-4 BY ADV. S.P. ARAVINDAKSHAN PILLAY
R1-4 BY ADV. N. SANTHA
R1-4 BY ADV. V. VARGHESE
R1-4 BY ADV. PETER JOSE CHRISTO
R1-4 BY ADV. L. ANNAPOORNA
R1-4 BY ADV. K.N. REMYA
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 19-12-2019 ALONG WITH W.A.NO.996/2009 AND CONNECTED
CASES, THE COURT ON 10-01-2020 DELIVERED THE FOLLOWING:
W.A.Nos.996, 1143, 1434, 1438,
1441 & 1471/2009 & O.P.(KAT) :: 13 ::
Nos.363 & 370/2015 & O.P.(KAT)
No.241/2018
'C.R.'
JUDGMENT
A.K. Jayasankaran Nambiar, J.
These matters are before us consequent to the reference order dated 23.3.2010 in W.A.Nos.996/2009 and 1143/2009. The Writ Appeals were preferred against the judgments dated 4.2.2009 and 2.3.2009 of the learned Single Judges in W.P.(C).No.551/2005 and W.P. (C).No.22629/2005 respectively. In the said writ petitions, the issue that arose for consideration was whether the petitioners therein, who were working as Treasurers in the Treasury Department of the State, were entitled to a higher grade of pay in their posts on completion of eight years service in that post, based on the Pay Revision orders in force. It would appear that the petitioners therein had been granted the said higher grade of pay, but the orders granting the higher grade were subsequently cancelled by the Government, which took the view that, insofar as the post of Treasurer under the Treasury Subordinate Service was an entry post for the purposes of the Pay Revision orders, W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 14 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 their entitlement to the higher grade pay would accrue only on completion of ten years in the post of Treasurer and not after 8 years service as was applicable to promotion posts.
2. The writ petitions were dismissed by the learned Single Judges, who agreed with the stand taken by the Government, and hence, the writ petitioners approached the Division Bench through the intra-court appeals aforementioned. The Division Bench noticed a divergence between the views taken by the learned Single Judges in the writ petitions, with which they prima facie concurred, and the views taken by the Division Benches of this Court in two earlier cases, namely, W.A.Nos.1147/1998 and 341/2007, and thought it appropriate to refer the matter for consideration by a Full Bench. The reference order reads as follows:
"W.A.No.1143/2009:
The appellants are some of the writ petitioners. They were Junior Accountants in the Treasury Department. They were appointed by transfer as Treasurers. As per the Special Rules, there is a post of Head Treasurer, to which Treasurers can be promoted. But, according to the Government, the said post is not being filled up by promotion. The Treasurers will have their line of promotion as Junior Accountant/Senior Accountant, as the case may be and they will be further promoted in the direct line as Selection Grade Accountant, W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 15 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 Junior Superintendent etc. The appellants, on completion of 8 years' service in the post of Treasurer, were granted higher grade. Later, it was withdrawn, on the ground that appointment by transfer to the post of Treasurer should be treated as direct recruitment and such appointees could get higher grade only on completion of 10 years' service. The matter was taken up before the learned Single Judge. The learned Single Judge by the judgment under appeal, upheld the contention of the official respondents. Hence this appeal.
2. In this case, the appellants relied on the judgments of this Court in W.A.No.1147/1998 and W.A.No.341/2007. According to them, both the judgments support their claim. We think, the judgment in W.A.No.341/2007 is directly in point.
3. But, the learned Government Pleader submits, those judgments were rendered without referring to the relevant clauses in the orders governing grant of higher grade. Therefore, he prayed for reconsideration of the matter.
4. We heard the learned counsel on both sides. A person in an entry post is entitled to get higher grade on completion of 10 years and a second higher grade on completion of 8 years in the first promotion post, as per the Pay Revision Government order dated 25.11.1998.
Clause 5.(1)(b)(11) of the said Government order explains the concept of entry post. The relevant portion reads as follows:
"The term 'entry post' shall be defined as the post to which an employee is initially appointed in Government service by direct recruitment by the Competent Authority. Appointments by transfer will also be treated as equivalent to direct recruitment for allowing the benefit of higher grade. However, promotion to a post in the direct line of promotion in a Department to be made on the basis of select list prepared by the Department Promotion Committee, even if it is appointment by transfer from Subordinate Service to State Service cannot be treated as direct recruitment for allowing the benefit of time bound higher grade. The time bound higher grade admissible will be determined with reference to the initial entry post only. Those who get regular promotion or appointment to higher posts within the period specified for each time bound higher grade will not be granted further time bound higher grade during that period."
W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 16 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 Going by the said clause, not only the post to which direct recruitment is made, but the post to which appointment by transfer is made, is also treated as entry post. But, from the concept of appointment by transfer, promotions made in the direct line in the Department, though technically treated as appointment by transfer, are excluded. For example, if a Deputy Tahsildar is promoted as Tahsildar, since the appointment is from one service to another, technically, it is called appointment by transfer. But, for the purpose of the above Government order dated 25.11.1998, it is a promotion post and the post of Tahsildar will not be treated as entry post for the purpose of grant of higher grade. The said clause has been further modified as per the Pay Revision Government order dated 25.3.2006. Para 16 of Annexure 3 of the said Government order dealing with entry post reads as follows:
"The term 'entry post' shall be defined as the post to which an employee is initially appointed in Government service by direct recruitment by the competent authority. Appointments made by PSC by transfer from other categories will also be treated as equivalent to direct recruitment for allowing the benefit of higher grade. However, promotion to a post in the direct line of promotion in a Department to be made on the basis of select list prepared by the Departmental Promotion Committee, even if it is appointment by transfer from Subordinate Service to State Service cannot be treated as direct recruitment for allowing the benefit of time bound higher grade. The time bound higher grade admissible will be determined with reference to the initial entry post in the present Department only. Service in posts having same scale will not be treated as qualifying service. Similarly, in the case of employees who get inter departmental transfer, their service in the present Department alone will be reckoned as qualifying service. Those who get regular promotion or appointment to higher posts within the period specified for each time bound higher grade will not be granted further time bound higher grade during that period."
Entry post is clarified as the post to which direct recruitment is made by the competent authority. Appointment by transfer made on the advice of the Public Service Commission is also treated as direct recruitment. Promotion to a post in the direct line of promotion, though, technically treated as appointment by transfer, will not be treated as an W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 17 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 appointment to an entry post, for the purpose of grade promotion. There are certain posts to which appointment by transfer is made not on the advice of the Public Service Commission, but by the appointing authority. Such posts need not be in the direct line of promotion also. Appointment to such posts has to be treated as appointment to the entry posts, as per the 1998 Pay Revision Government order. It appears, the said position continues in the 2006 Pay Revision Government order also. In the case of appointment to the post of Treasurer, the feeder categories are Junior Accountants, Senior Accountants and Typists. Appointment by transfer is made not on the advice of the Public Service Commission, but by the appointing authority. For Typists, Junior Accountants and Senior Accountants, the post of Treasurer is not a promotion post in the direct line. Therefore, the exemption granted to the appointments by transfer made in the direct line of promotion will not apply.
5. In view of the above position, we prima facie feel that the appointment to the post of Treasurer should also be treated as an appointment to an entry post. This prima facie view is at variance with the view taken in the aforementioned Writ Appeal judgments. So, we think, this Writ Appeal should be heard by a Full Bench for resolving the above conflicting views. The point to be considered by the Full Bench is, in view of the appointment by transfer to the post of Treasurer, whether that post should be treated as an entry post, for the purpose of grant of higher grade.
W.A.No.996/2009:
6. Since the very same point arises in this Writ Appeal, it should also be heard by the Full Bench along with W.A.No.1143/2009.
Place the papers before the Hon'ble Chief Justice for appropriate orders."
3. As W.A.Nos.1471/2009, 1438/2009, 1434/2009 and 1441/2009 also arise from the common judgment dated 21.5.2009 that followed the impugned judgments in W.A.No.996/2009 and W.A.No.1143/2009, the W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 18 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 aforesaid writ appeals were also tagged along with the latter writ appeals for consideration by the Full Bench. While so, similar claims of Treasurers in the Treasury Department came up for consideration before the Kerala Administrative Tribunal [KAT] in T.A.No.1624/2012 and T.A.No.665/2012. The Tribunal, after considering the petitions, found that the appointment of the petitioners therein to the post of Treasurer had to be seen as a promotion for the purposes of the Pay Revision orders in force, and accordingly, they had to be granted the second higher grade on completion of 8 years service in the cadre of Treasurer. The impugned orders of the Government that cancelled the benefit granted earlier to the petitioners were quashed by the KAT.
4. Taking note of the said order of the KAT, and apparently accepting the same, the Finance Secretary, by letter dated 23.11.2012, addressed to the Director of Treasuries, directed as follows:
"Inviting attention to the reference cited, I am to inform you that the judgment of the Hon'ble Principal Bench of Kerala Administrative Tribunal dated 15.03.2012 does not categorically prescribe the post of Treasurer as the promotion post of the Junior Accountant. It merely lays down that appointment of a Junior Accountant to the post of Treasurer is to be construed as on promotion for the purpose of granting of the time bound higher grades. As the post Treasurer holds the scale of pay equivalent to that for the post of Senior Accountant and as the junior most W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 19 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 Senior Accountant is proposed to be appointed by transfer to the post of Treasurer in the new Special Rules, the judgment of the Administrative Tribunal is unlikely to have any adverse impact on the proposed amendment to Special Rules. Hence, I am to inform you to comply the judgment in Transfer Application No. 1624/2012 dated 15.03.2012 as there is no scope for appeal in this case."
5. Further to the same, the Director of Treasuries, as per proceedings dated 8.2.2013, produced as Annexure V, passed an order inter alia stating that in view of the directions issued by the Tribunal and in the light of the directions issued by the Government in its letter dated 23.11.2012, it is evident that the fixation of pay done consequent on the joining in the post of Treasurer and the 2nd time bound higher grade sanctioned to the Treasurers who exercised option to get appointment in the post of Treasurer are absolutely eligible to them including those who have not approached the court in the similar situation. The following benefits were granted to them:
(i) Pay fixation enjoyed by the incumbents those who opted to the post of Treasurers prior to 01.12.2003 from the post of Accountants shall be protected.
(ii) Time Bound Higher Grade (2nd) envisaged in the Pay Revision '97 (GO(P)No.3000/98/Fin. Dated 25.11.1998) is eligible to be allowed to those incumbents mentioned in above (para 6(i)).
(iii) Those incumbents whose pay have already been regulated W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 20 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 vide order read as 2nd cited, shall be maintained according to the date prior to that order wherein it was ordered to regulate their pay and allowances.
(iv) In all the above cases where pay has not been fixed it shall be arrived notionally. However, no arrears shall be paid on this account. Status quo of excess pay drawn and remitted back into exchequer, shall also be maintained as such.
6. In view of the aforesaid developments, when these Writ Appeals came up for consideration before this Full Bench, on 16.10.2014, we closed the Writ Appeals, by recording the said developments, and without answering the reference, as there was no need to do so. The State Government however changed its stand in the matter and filed Review Petitions before us seeking to review our earlier judgment dated 16.10.2014 and urging us to proceed to answer the reference. The said Review Petitions were allowed by our order dated 10.12.2019, and it is thus that the matters are now before us, yet again, for our opinion.
7. At the time of allowing the Review Petitions filed by the State Government, we took note of the fact that O.P.(KAT).Nos.363/2015, 241/2018 and 370/2015 filed by the State Government against orders of the KAT that followed its earlier order in T.A.Nos.1624/2012 and W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 21 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 665/2012, were pending consideration before a Division Bench of this Court, and directed the said cases to be tagged along with the batch of Writ Appeals, so that our opinion in these matters would be applicable to all the said cases.
8. Before proceeding further in this matter, it would be apposite to notice some essential facts as regards the appointment of the petitioners in the Writ Petitions/T.As against the backdrop of the statutory rules that govern their recruitment/appointment. It is not in dispute in these cases that the petitioners were all appointed as Accountants in the Treasury Department prior to their option based appointment as Treasurer. The Kerala Treasury Subordinate Service Special Rules, 1973, when originally framed, comprised only the following categories of Officers, namely:-
(1) Sub Treasury Officers Grade II/ Junior Superintendents/ Bradma Supervisors/ Passing Officers (S.B).
(2) Section Heads of District Treasuries/Head Accountants of Sub Treasuries.
(3) Head Treasurers/Chief Treasurers.
(4) Treasurers.
W.A.Nos.996, 1143, 1434, 1438,
1441 & 1471/2009 & O.P.(KAT) :: 22 ::
Nos.363 & 370/2015 & O.P.(KAT)
No.241/2018
(5) Nottams.
The method of appointment to the said categories of posts was to be as follows:
Category Method of appointment
1. Sub Treasury Officers Gr. By promotion from category (2)
II/Junior Superintendents/Passing Officers (SB)/Bradma Supervisors.
2. Section Heads of District By recruitment of transfer from Treasuries/Head Accountant of Sub among Senior Accountants of the Treasuries. Treasury Department and by promotion from category 4.
3. Head Treasurers/Chief Treasurers. By promotion from among Treasurers
4. Treasurers. By transfer from among Accountants and Typists who opt for such appointment.
5. Nottams. By transfer from qualified hands among the Last Grade Servants (Peons) in the Treasury Department or by promotion of Gollah.
Note (ii) appended to Rule 4 is important, and reads as follows:
"ii) Those in category (4) appointed subsequent to 10/02/1964, by transfer from among the category of Senior/Junior Accountants shall retain their lien in the cadre of Senior/Junior Accountants shall be given promotions to higher categories on the basis of their relative seniority in the cadre of Senior/Junior Accountants."
W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 23 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 The post of Senior Accountant, Junior Accountant and Stamp Examiner were not inducted into the Treasury Subordinate Service till 1997, when they were included in the categories of Officers under Sl. Nos.4A, 4B and 4C through SRO 807/97 dated 18.8.1997 [G.O. (P) 698/97/Fin.].
The amendments brought in were to have retrospective effect from 12.12.1972, the date of first notification of the Special Rules. After the said amendment, Rule 2 that deals with the categories of Officers constituting the service, and Rule 4 that deals with the method of appointment to the said categories of posts read as follows:
2. Constitution.- The service shall consist of the following categories of Officers, namely:-
(1) Sub Treasury Officers Grade II/ Junior Superintendents/ Bradma Supervisors/ Passing Officers (S.B).
(2) Section Heads of District Treasuries/Head Accountants of Sub Treasuries.
(3) Head Treasurers/ Chief Treasurers.
(4) Treasurers.
4A. Senior Accountant 4B. Junior Accountant 4C. Stamp Examiner (5) Nottams.
(6) x x x
3. Unit of appointment probation, discharge, reappointment, seniority, W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 24 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 appointment as full member and postings and transfers.- For the purpose of appointment, probation,seniority, discharge for want of vacancies reappointment, appointment as full members and postings and transfers, the state shall be the unit for categories (1) to 4B and the District shall be the unit for categories 4C and 5 mentioned in Rule 2.
4. Appointment.- Appointment to the various categories shall be made as follows:-
Category Method of appointment
(1) (2)
1. Sub Treasury Officers By promotion from category (2)
Grade II/Junior Superin-
tendents/Passing Officers
(S.B.)/Bradma Supervisors
2. Section Heads of District By promotion from categories 4
Treasuries/Head Accoun- and 4A
tants of Sub Treasuries.
3. Head Treasurers/Chief By promotion from among
Treasurers. Treasurers.
4. Treasurers By transfer from among Accountants and
Typists who opt for such appointment.
4A. Senior Accountant By promotion from category 4B
4B. Junior Accountant By direct recruitment
4C. Stamps Examiner (1) By transfer from the category of Attenders
who are willing to take up appointment Stamp Examiner.
(2) In the absence of willing Attenders for transfer, by appointment from Nottom and in their absence by transfer from Peon who have passed Standard VII, or equivalent and have a minimum of seven years Service in the Department.
(3) In the absence of Candidates for recruitment by the above two methods, by direct recruitment.
5. Nottams By transfer from qualified hands among the last Grade Servants (Peons) in the Treasury Department or by promotion of Gollah.
6. x x x W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 25 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 Note:-
(i) Every tenth vacancy in category (2) shall be set apart for appointment by promotion from category (4) above who have acquired the general qualification of S.S.L.C or its equivalent and who were working as Treasurers on 10-2-1964, the date of order calling for options to the Department of Treasuries.
(ii) Those in category (4) appointed subsequent to 10-2-64, by transfer from among the category of Senior/Junior accountants shall retain their lien in the cadre of Senior/Junior accountant and shall be given promotions to higher categories on the basis of their relative seniority in the cadre of Senior/Junior accountants.
(iii) Those in category (4) appointed subsequent to 10-2-64 by transfer from among the category of typists shall retain their lien as typists and shall be given promotions to higher categories in the cadre of typists on the basis of their seniority in that cadre.
9. It is apparent from a reading of the Treasury Subordinate Service Special Rules, as amended, that while an appointment by promotion for Treasurers and Senior Accountants could only be to the posts of Section Heads of District Treasuries/Head Accountants of Sub Treasuries, the post of Treasurer could be filled only by transfer from among Accountants and Typists who opted for such appointment. That apart, by virtue of Note (ii) to Rule 4, those Senior/Junior Accountants who opted for appointment as Treasurer after 10.2.1964, continued to retain their lien in the cadre of Senior/Junior Accountant, and could aspire for promotion to higher categories only on the basis of their W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 26 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 relative seniority in the cadre of Senior/Junior Accountants. As it is well settled in service law, that a Government servant cannot simultaneously have two liens against two posts in two different cadres [See Ramlal Khurana (Dead) by Lrs. v. State of Punjab and Others - [(1989) 4 SCC 99]], we have to proceed on the basis that the appointment by transfer of the petitioners to the post of Treasurer was not a substantive appointment to the said post, but a mere temporary appointment thereto based on the option exercised by them. Their substantive appointment continued to be in the post of Senior/Junior Accountant that they occupied at the time of exercise of their option. Perhaps, in the absence of Note (ii) to Rule 4, the petitioners could have contended that their lien in the post of Senior/Junior Accountant had terminated, and that they had acquired a lien in the post of Treasurer to which they were appointed. The express provisions of Note (ii) to Rule (3), however, compel us to reject such a contention in the instant cases.
10. We cannot also but notice that the pay scales of the Officers in the categories of Junior/Senior Accountants and Treasurers has been different. While the pay scale for Senior Accountants and Treasurers was subsequently made equal, the pay scale of the Junior Accountant W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 27 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 was at a lower level. The position with regard to pay scales, as made available to us by the learned Government Pleader is as follows:
Sl. Designation Scale of Pay with Scale of Pay with No. effect from effect from 01.03.1992 01.03.1997
1. Treasurer 1200 - 2040 4000 - 6090
2. Junior Accountant 950 - 1650 3050 - 5230
3. Senior Accountant 1200 - 2040 4000 - 6090 It was this difference in pay scale, and consequently the attraction of a higher pay scale, that incentivised the appointment by transfer of a Junior Accountant as Treasurer in the service. Thus, consequent to the amendment in the Special Rules, the Junior Accountant who had to await his turn, based on seniority, for promotion as Senior Accountant, could opt for an appointment by transfer to the post of Treasurer, where he would get the benefit of the higher pay scale enjoyed by Senior Accountants, without being promoted as such. It is in the backdrop of the above facts that we have to consider whether the appointment of the petitioners to the post of Treasurer is to be treated as an appointment to an entry post or an appointment by way of promotion, for the purposes of the Pay Revision orders. The term "Entry Post" was defined in the relevant Pay Revision orders as follows:
W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 28 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 "The term 'entry post' shall be defined as the post to which an employee is initially appointed in Government service by direct recruitment by the competent authority. Appointments made by PSC by transfer from other categories will also be treated as equivalent to direct recruitment for allowing the benefit of higher grade. However, promotion to a post in the direct line of promotion in a Department to be made on the basis of select list prepared by the Departmental Promotion Committee, even if it is appointment by transfer from Subordinate Service to State Service cannot be treated as direct recruitment for allowing the benefit of time bound higher grade. The time bound higher grade admissible will be determined with reference to the initial entry post in the present Department only. Service in posts having same scale will not be treated as qualifying service. Similarly, in the case of employees who get inter departmental transfer, their service in the present Department alone will be reckoned as qualifying service. Those who get regular promotion or appointment to higher posts within the period specified for each time bound higher grade will not be granted further time bound higher grade during that period."
The relevance of the definition of "Entry Post" in the Pay Revision orders is that the grant of higher grade pay scale is dependent on the number of years of stagnation faced by an Officer in a particular post, and while the first higher grade is granted to an Officer after 10 years in an entry post, the second higher grade is granted on completion of 8 years in the first promotion post or on completion of a total service of 18 years in the entry post and the first regular promotion post/time bound higher grade together, whichever is earlier. It has to be borne in mind that the grant of time bound higher grade pay scales is essentially to offer solace to an Officer who does not get the higher pay applicable W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 29 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 to a higher post on account of his/her stagnation in the lower post. Had an Officer moved to the promoted post before the expiry of 10 years in the entry post, he would not get the first higher grade benefit because his appointment to the higher post, by way of promotion, would have already earned him a higher pay. The said Officer would then get only the second higher grade on completion of 8 years in the promoted post or on completion of 18 years total service in the entry post and first regular promotion post/time bound higher grade together, whichever is earlier. In the instant cases, the petitioners, while working as Junior Accountants, opted for appointment to the post of Treasurer only because of the higher pay scale that was attached to the said post.
Through the said appointment, they obtained the relief against stagnation, as envisaged in the Pay Revision order in force. Had the post of Treasurer been a post in the direct line of promotion for a Junior Accountant in the Treasury Department, then the petitioners could have claimed the next higher grade on completion of 8 years in the post of Treasurer or on completion of a total service of 18 years in the post of Junior Accountant and Treasurer, whichever was earlier. However, since the post of Treasurer is not one in the direct line of promotion for Junior Accountants in the Treasury Department, and further, Note (ii) to W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 30 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 Rule (3) clearly mandates that the lien of the petitioners continued to be in the post of Junior Accountant that they occupied while opting for appointment as Treasurer, their appointment as Treasurer, for the purposes of Pay Revision orders, has to be seen as an appointment to an entry post. The specific provisions of Note (ii) to Rule 3 of the Special Rules, serve to distinguish these cases from those decided by this Court in W.A.No.341/2007 and W.A.No.1147/1998 where the Division Benches, although were concerned with similar appointments in other departments - The Forest Department and the Zilla Sainik Welfare Office respectively - were nevertheless not confronted with a provision similar to Note (ii) to R.3 of the Kerala Treasury Subordinate Service Special Rules and the lien contemplated therein.
11. We accordingly answer the reference as follows:
Notwithstanding that the petitioners were appointed by transfer to the post of Treasurer in the Treasury Department of the State, inasmuch as the post of Treasurer is not one in the direct line of promotion to the post of Junior Accountants in the Treasury Department, and further, Note (ii) to Rule (3) clearly mandates that the W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 31 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 lien of the petitioners continues to be in the post of Junior Accountants that they occupied while opting for appointment as Treasurers, their appointment as Treasurer, for the purposes of the Pay Revision orders has to be seen as an appointment to an entry post.
12. Before parting with these cases, we might also add that we have been informed by the learned counsel appearing for the parties that, pursuant to the orders of the KAT, and the orders passed by the Government accepting the said orders of the Tribunal, the petitioners were granted the benefit of higher grade in the post of Treasurer on completion of 8 years service in the said post. We are also given to understand that some of the petitioners have since retired from service. Under the said circumstances, while answering the reference as above, we take note of the judgment of the Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer) and Others [(2015) 4 SCC 334], and make it clear that the State Government shall not take any steps for recovery of the monetary benefits already extended to the petitioners herein, and further, that the benefits so granted shall be reckoned for the purposes of their service and retirement benefits.
W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 32 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 The Writ Appeals and O.P.(KAT)s are thus disposed based on our answer to the reference.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/
W.A.Nos.996, 1143, 1434, 1438,
1441 & 1471/2009 & O.P.(KAT) :: 33 ::
Nos.363 & 370/2015 & O.P.(KAT)
No.241/2018
APPENDIX OF O.P(KAT).NO.363/2015
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE RELEVANT PORTION OF THE PAY
REVISION ORDER G.O(P) NO. 3000/98/FIN. DATED 25.11.1998.
ANNEXURE A1(A) TRUE COPY OF ANNEXURE II IN EXHIBIT P1, RELATING TO THE SCHEDULE OF SCALES OF PAY ATTACHED TO THE POSTS IN THE DEPARTMENT OF TREASURIES AT PAGE 152.
ANNEXURE A2 TRUE COPIES OF THE ORDERS ISSUED BY THE 3RD RESPONDENT GRANTING HIGHER GRADE TO THE WRIT PETITIONERS ON COMPLETION OF 8 YEARS IN THE FIRST PROMOTED POST OF TREASURER.
ANNEXURE A3 TRUE COPY OF THE 1ST RESPONDENT'S LETTER NO.
53298/ESTT/C1/02/FIN DATED 23.10.2003 ISSUED TO THE 2ND RESPONDENT.
ANNEXURE A4 TRUE COPY OF ORDER NO. B3/4748/2003 DATED 01.12.2003 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A5 TRUE COPY OF THE 2ND RESPONDENT'S LETTER NO.
B3/4748/2003 DATED 27.12.2004.
ANNEXURE A6 TRUE COPY OF THE 2ND RESPONDENT'S ORDER NO.
B2/8108(2)/2007 DATED 01.10.2007.
EXHIBIT P1 TRUE COPY OF THE TRANSFER APPLICATION ALONG WITH THE ANNEXURES FILED BEFORE THE TRIBUNAL EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT ADOPTED IN THE TRANSFER APPLICATION EXHIBIT P3 TRUE COPY OF THE ORDER DATED 15/3/2012 IN T.A NO.1624/2012 W.A.Nos.996, 1143, 1434, 1438, 1441 & 1471/2009 & O.P.(KAT) :: 34 ::
Nos.363 & 370/2015 & O.P.(KAT) No.241/2018 EXHIBIT P4 TRUE COPY OF G.O.(RT) NO.7290/15/FIN. DATED 10/8/2015 RESPONDENTS EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE GOVERNMENT LETTER NO.
79391/ESTT.C1/2011/FIN. DATED 23.11.2012.
EXHIBIT R3(B) TRUE COPY OF THE ORDER NO.B6/6902/2012 DATED
2.2.2013.
//TRUE COPY// P.S. TO JUDGE APPENDIX OF O.P(KAT).NO.370/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TRANSFER APPLICATION ALONG WITH THE ANNEXURES FILED BEFORE THE TRIBUNAL.
EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT OF 1ST RESPONDENT IN WRIT PETITION.
EXHIBIT P3 TRUE COPY OF ORDER DATED 15.03.2012 IN TA 665/12.
EXHIBIT P4 TRUE COPY OF G.O.(RT) NO.7290/15/FIN DATED 10.08.15.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
APPENDIX OF O.P(KAT).NO.241/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 01.11.2002 ISSUED TO
THE 1ST PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24.10.2002 ISSUED TO
THE 2ND PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.04.1999 ISSUED BY
THE 2ND RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 25.03.2000 ISSUED TO
THE 4TH RESPONDENT BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 01.12.2003 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 25.03.2000 ISSUED TO
THE 4TH RESPONDENT BY THE 2ND RESPONDENT. LETTER DATED 28.06.2005 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
ANNEXURE A1 TRUE COPY OF THE TRANSFER APPLICATION ALONG WITH EXHIBIT P1 TO P6 ANNEXURE A2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 5TH RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 11.07.2017 IN TA NO.891/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE