K.Sivaprasad vs State Of Kerala on 10 November, 2022

(d) to grant such other reliefs as this Hon'ble Court deems fit and necessary in the interest of justice and allow this O.P. "[SIC]

2. The Original petition is filed mainly challenging Ext.P5 order. The brief facts are like this:

In 1987, the petitioner underwent a selection OP NO. 7708 OF 2003 process conducted by Public Enterprises Selection Board, Government of Kerala and in the year 1988 he was appointed as Managing Director of State Farming Corporation of Kerala (for short SFCK). He was appointed on deputation basis from Matsyafed initially for a period of 5 years which was later extended for a further period of 2 years. The period of 7 years expired on 16.6.1995. On 16.6.1995, the Government extended the deputation of the petitioner until further orders. The Matsyafed objected to the extension of deputation for such a long period and the Government directly addressed a letter to the Managing Director, Matsyafed informing that steps are being taken to shift the lien of the petitioner from Matsyafed to SFCK. Exhibit P1 is the letter. Subsequently, as per order dated 16.8.1995, the lien of the petitioner was shifted on a permanent basis as Managing Director, State Farming Corporation of Kerala Ltd., as per Exhibit P2 order on the basis of the OP NO. 7708 OF 2003 decision of the cabinet. When the lien of the petitioner was shifted as Managing Director of SFCK, there was no scale of pay attached to the post of Managing Director, SFCK. Hence the matter was taken up with the Government and the Government after examining the issue, fixed the scale of pay of Managing Director of SFCK as per Ext.P3. From the above, it is clear that the lien of the petitioner was shifted from 'Matsyafed' to SFCK as the Managing Director and further the scale of pay was fixed in Schedule B. As per order dated 31.12.1996, the petitioner was posted as the Managing Director of Horticultural Products Development Corporation on deputation. Subsequently the Government as per order dated 24.9.1998, appointed the petitioner as Managing Director of Kerala State Film Development Corporation which was also on deputation.

After completing 3 years, the petitioner is posted as the Managing Director of Plantation Corporation of Kerala OP NO. 7708 OF 2003 Ltd. In all these deputation postings, he was drawing the salary of the post of Managing Director of SFCK. Subsequently, the petitioner submitted a representation for revision of pay scale as evident by Ext.P4. In the representation the petitioner submitted that since his scale of pay was not revised every five years, he was drawing a lower scale than his subordinate officers and requested to rectify the anomaly. In the said representation, the petitioner received a reply dated 14.2.2003 as evident by Exhibit P5. As per Ext.P5, the lien of the petitioner was shifted to the post of General Manager in SFCK in the scale of 10,000 - 15,150. According to the petitioner, this is arbitrary and illegal. It is submitted that, this order has been passed by the Government for which nobody had a claim or dispute. It is submitted that the issue raised in Ext.P4 is different and Ext.P5 order has no nexus with the claim made in Ext.P4. It is submitted that, there was no consent from OP NO. 7708 OF 2003 the petitioner also before shifting the lien. It is also submitted that the shifting of the lien to the post of General Manager, SFCK is without the consent and concurrence of the petitioner. It is specifically contented in the writ petition that the lien to a post can not be shifted at the whims and fancy of the Government. The scale of pay of the post of General Manager as shown in Ext.P5 is 10,000 - 15,150. It is the case of the petitioner that, had the petitioner continued in Matsyafed in 1997, the petitioner would have drawn the scale of 14,300 - 400 - 18300. A comparative table of the scale of pay drawn by the petitioner is extracted in the Original Petition which is also extracted hereunder:

  year        Matsyafed                  Secretariat             SFCK
              Executive                Addl. Secretary           G.M.
         (Prodn & Processing)
 1984        3350-125-4100       2250-3350 (Sp.pay 200)        1950-2950
 1987        3675-140-5115       2825-4095 (Sp.pay 300)        2470-3675
 1992         No Revision        4200-5300 (Sp.pay 300)      3000-100-5000
 1997     14300-400-18300       14000-18000 (Sp.pay 300)      10000-15150
 OP NO. 7708 OF 2003

Based on the above contention, the petitioner challenged Ext.P5 order.

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