This writ appeal challenging a lower court's rejection of a claim for advance increments by a KOLLAM DAIRY officer was dismissed in limine. The court held that the benefit was intended only for existing officers to rectify anomalies in revised pay scales and thus excluded new joiners.
Writ Appeal dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 5TH DAY OF NOVEMBER 2012/14TH KARTHIKA 1934
WA.No. 1915 of 2012 IN WP(C) NO.26873/2007 ----------------------------------------AGAINST THE JUDGMENT IN WPC.26873/2007 DATED 23.7.2012
APPELLANT/WRIT PETITIONER:
R. SIVADASAN NAIR, AGED 54 YEARS, SENIOR MANAGER (HRD), KOLLAM DAIRY, THEVALLY, KOLLAM-9, RESIDING AT VELAYUDHA MANGALAM, NJARAKKAL, PERINAD P.O., KOLLAM.
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENTS/RESPONDENTS IN WPC:
R1 & R4 BY GOVT. PLEADER MR.M.K.ABOOBACKER R2 & R3 BY ADV.MR.K.ANAND ADV.SMT.LATHA KRISHNAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE &
BABU MATHEW P. JOSEPH, JJ.
W.A. No. 1915 of 2012
Dated this the 5th day of November, 2012
JUDGMENT
Babu Mathew P. Joseph, J.
This Writ Appeal is directed against the judgment rendered by a learned Single Judge in W.P.(C) No.26873 of 2007. By the impugned judgment, the learned Single Judge has rejected the claim of the appellant for increments as per Ext.P7 and other reliefs prayed for. Aggrieved by the same, the appellant has preferred this Writ Appeal.
W.A.1915/12 2
the salary of officers after the implementation of revised pay scales. The Board of Directors of MILMA considered them and adopted Ext.P7 resolution on 9.1.1987 deciding to grant two advance increments to the officers of MILMA who joined after 1.7.1984, from the date of joining MILMA. Accordingly, that benefit has been granted to those officers in the service of MILMA at that time.
W.A.1915/12
3
1.7.1984. Therefore, the appellant who joined MILMA as an officer only on 3.10.1986 i.e. after 24.9.1986, is only entitled to the revised scales of pay applicable to his post as per the pay revision orders. He cannot claim the benefit under Ext.P7 granted to the existing officers of MILMA. A benefit granted to the existing officers rectifying anomalies pointed out cannot be extended to the appellant who joined MILMA only after 24.9.1986, the date when the resolution for revising the pay scales was adopted by the Board of Directors. In that view of the matter, we find no merit in this Writ Appeal. Therefore, this Writ Appeal is dismissed in limine.
PIUS C. KURIAKOSE, JUDGE.
BABU MATHEW P. JOSEPH, JUDGE.
srd
W.A.1915/12 4
W.A.1915/12 5
2 issues framed by the court
Whether an officer joined after the pay revision resolution was adopted can claim advance increments granted to existing officers.
Whether Ext.P7 resolution granting advance increments is available to a new joiner not in service when the resolution was passed.
2 provisions across 2 enactments
R. SIVADASAN NAIR
SECRETARY TO GOVERNMENT, AGRICULTURAL (DAIRY) DEPARTMENT
MANAGING DIRECTOR KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.
MANAGING DIRECTOR, THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.
DIRECTOR OF DAIRY DEVELOPMENT/REGISTRAR OF DAIRY CO-OPERATIVE SOCIETIES
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
