Kerala High Court
Murugan C vs State Of Kerala on 25 March, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938
WP(C).No. 37697 of 2009 (F)
----------------------------
PETITIONER(S):
-------------
1. MURUGAN C., JUNIOR CO-OPERATIVE INSPECTOR,
KERALA KHADI & VILLAGE INDUSTRIES BOARD,
VANCHIYOOR, THIRUVANANTHAPURAM - 35.
2. GOPAKUMAR.C., JUNIOR CO-OPERATIVE INSPECTOR,
KERALA KHADI & VILLAGE INDUSTRIES BOARD,
VANCHIYOOR, THIRUVANANTHAPURAM - 35.
BY ADVS.SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
SRI.PRATHAP PILLAI
SRI.RAJAN VELLOTH
SRI.A.S.SABU
SRI.RAFEEK.V.K
RESPONDENT(S):
--------------
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
2. KERALA KHADI & VILLAGE INDUSTRIES BOARD,
VANCHIYOOR, THIRUVANANTHAPURAM - 35,
REPRESENTED BY ITS SECRETARY.
R1 BY GOVERNMENT PLEADER SRI.BOBY THOMAS
R2 BY SRI.K.P.HARISH, SC
R2 BY SRI.TOM K.THOMAS, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
das
WP(C).No. 37697 of 2009 (F)
----------------------------
APPENDIX
PETITIONER'(S) EXHIBITS:
EXT.P1 COPY OF THE GOVERNMENT ORDER DATED 25.03.2006
EXT.P2 COPY OF THE GOVERNMENT ORDER DATED 29.11.2007
EXT.P3 COPY OF THE GOVERNMENT ORDER DATED 17.01.2009
EXT.P4 COPY OF THE GOVERNMENT ORDER DATED 19.11.2005
EXT.P5 COPY OF THE REPRESENTATION DATED 27.12.2007
EXT.P6 COPY OF THE LETTER ISSUED BY THE GOVERNMENT DATED
30.09.08
EXT.P7 COPY OF THE REPRESENTATION DATED 07.09.2009
EXT.P8 COPY OF THE LETTER ISSUED BY THE STATE INFORMATION
OFFICER DATED 26.09.2009.
EXT.P9 COPY OF THE REPRESENTATION DATED 06.07.2009.
EXT.P10 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED
05.08.2009.
EXT.P11 COPY OF THE DETAILS FURNISHED BY THE BOARD SECRETARY IN
THIS RESPECT TO THE SPECIAL PRIVATE SECRETARY FOR
MINISTER OF INDUSTRIES AND COMMERCE ON 09.11.2009.
RESPONDENT'(S) EXHIBITS:
ANNEX.R2(a) COPY OF THE PSC NOTIFICATION
ANNEX.R2(b) COPY OF THE PSC RANK LIST
ANNEX.R2(c) COPY OF THE RELEVANT PORTION OF THE PAY REVISION ORDER
OF 2004.
//TRUE COPY//
PA TO JUDGE
das
A.K.JAYASANKARAN NAMBIAR, J.
===========================================
W.P.(C). No. 37697 of 2009
=====================================================
Dated this the 6th day of June, 2016
JUDGMENT
The petitioners are Junior Co-operative Inspectors, working under the 2nd respondent. They joined the said post on 10.10.2005 and 18.10.2006 as direct recruitees through the Kerala Public Service Commission. In the writ petition, they are aggrieved by the inaction on the part of the respondents to revise their pay scale (Rs.7,990-12,930), at par with revisions that were extended to Revenue Inspectors and Rationing Officers working under various departments under the Government. It is the specific case of the petitioners that the nature of duties attached to the post of Junior Co-operative Inspector is similar to that of the post of Revenue Inspector and Rationing Inspector and hence, inasmuch as the latter two category of posts were extended the benefit of revision of pay scale, the same revised scale of pay ought to have been extended to them as well. In the writ petition, they have impugned inter alia Ext.P10 order, where a representation preferred by them for seeking the aforementioned benefits was rejected by the Government. It is seen from Ext.P8 reply, which the petitioners obtained under the Right to Information Act, that the reason that weighed with the Government while taking the decision in Ext.P10 -2- W.P.(C). No. 37697 of 2009 order was that the Government considered the post of Junior Co- operative Inspector as a post that was not interchangeable with the other posts such as Revenue Inspector and Rationing Inspector and it was under those circumstances, that the revised pay granted in respect of the other posts was not extended to the Junior Co-operative Inspector working under the 2nd respondent.
2. The learned counsel for the petitioners, would submit that the Revenue Inspectors were granted the revised scale of pay of Rs.8,390- 13,270/- with effect from 01.07.2004 by Ext.P2 order dated 29.07.2007. Similarly, by a separate order dated 17.01.2009, the same pay scale was extended to other posts, with which the petitioners had claimed parity. All this while, the petitioners were not given the revised pay scale that was granted to the Revenue Inspectors and Rationing Inspectors. With the implementation of the 9th pay commission recommendations, however, a higher scale of Rs.14,620-26,080 was extended to all similar posts such as Revenue Inspector and Rationing Inspector and the same scale was extended to the petitioners also. The recommendations of the 9th pay commission were implemented with retrospective effect from 01.07.2009. It is further pointed out -3- W.P.(C). No. 37697 of 2009 that with the implementation of the 10th pay commission recommendations, with retrospective effect from 01.07.2014, the Junior Co-operative Inspectors have been granted the higher pay scale of Rs.27,800-59,400 at par with Revenue Inspectors and Rationing Inspectors. It is the submission of the learned counsel for the petitioners, therefore, that the disparity has been rectified by the respondents in the 9th pay revision and the 10th pay revision also, and having recognised that the posts of Junior Co-operative Inspector and Revenue Inspector/Rationing Inspector are entitled for the same scale of pay in the latter two pay commission recommendations, the respondents should reconsider their decision in Ext.P10 with regard to the extension of the benefit of higher scale of pay during the period from 01.07.2004 to 01.07.2009 to the Junior Co-operative Inspectors working under the 2nd respondent Board. I find force in the contentions of the learned counsel for the petitioners, since it is evident that the respondents have since recognized that the posts of Junior Co- operative Inspectors under the 2nd respondent had to be treated at par with Revenue Inspectors and Rationing Inspectors, and have rectified the anomalies that persisted prior to December, 2010 through the implementation of the 9th pay commission -4- W.P.(C). No. 37697 of 2009 recommendations and also subsequently through the recommendations of the 10th pay commission. Accordingly, I am of the view that the respondents ought to reconsider the case of the petitioners for extension of the benefits of revised scale of pay to them for the period prior to 01.07.2009, at the higher scale of pay that was fixed for the Revenue Inspectors and the Rationing Inspectors. I therefore, dispose the writ petition with a direction to the 1st respondent to reconsider the issue of extension of the revised scale of pay as applicable to the Revenue Inspectors/Rationing Inspectors to Junior Co-operative Inspectors under the 2nd respondent for the period prior to 01.07.2009. The 1st respondent shall take a decision in the matter within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioners. The petitioners shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE das /06.06.2016