Disposed

Kerala Judicial Ministerial Gazetted Officer Association v. State of Kerala

Kerala HC3 Oct 2012WP(C)/17320/2012

Case brief

AI extract

What is this about?

A writ petition challenging the Government order modifying the pay scales of Sheristadars was heard. The Court did not adjudicate the merits of the pay-scale reduction but directed the first respondent to consider the petitioners' pending representation and dispose of it within three months.

What did the court decide?

The first respondent is directed to consider the petitioners' representation and dispose of it within three months.

Kerala Judicial Ministerial Gazetted Officer… — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`

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WP(C).No. 17320 of 2012 (R)

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PETITIONERS:

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1. KERALA JUDICIAL MINISTERIAL GAZETTED OFFICER'S ASSOCIATION,, REPRESENTED BY ITS GENERAL SECRETARY, T.K.SADANANDAN, AGED 55 YEARS, S/O.KORAN,

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NOW WORKING AS SHERISTADAR, DISTRICT COURT, MANJERI, MALAPPURAM.

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2. T.R.BHASKARAN,

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NOW WORKING AS SHERISTADAR, DISTRICT COURT PATHANAMTHITTA.

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BY ADV. SRI.RENJITH THAMPAN (SR.)

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.

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2. SECRETARY (FINANCE), (ANOMALY RECTIFICATION CELL-B) SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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3. HIGH COURT OF KERALA, REPRESENTED BY REGISTRAR (SUBORDINATE JUDICIARY) ERNAKULAM, PIN - 682 031.

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R1 BY GOVERNMENT PLEADER SRI.T.R.RAJESH

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R3 BY ADVS.SRI.KRB.KAIMAL (SR.)

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SRI.B.UNNIKRISHNA KAIMAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17320 of 2012 (R)

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APPENDIX ---------

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PETITIONER(S) EXHIBITS ----------------------

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EXHIBITS P1. TRUE COPY OF THE ORDER G.O.(MS)NO.352/2012(97)/FIN. DATED 25.06.2012.

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EXHIBITS P2. TRUE COPY OF THE REPRESENTATION DATED 05.07.2012 FILED BY THE 1ST PETITION ASSOCIATION BEFORE THE CHIEF MINISTER OF KERALA.

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RESPONDENTS' EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

P.R. RAMACHANDRA MENON, J.

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W.P.(C). No. 17320 of 2012

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Dated this the 3^rd day of October, 2012

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JUDGMENT

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The 1^st petitioner is an Association of Kerala judicial Ministerial Officers and the 2^nd petitioner is working as Sheristadar of the Principal District Court, Pathanamthitta. The grievance of the petitioners is that, the Sheristadars of Principal District Courts stand on a higher pedestal, than the Sheristadars of other Courts and it was after considering the job requirements and duties to be performed, that the Pay Revision Commission recommended a higher scale, which in turn was granted as well. The petitioners are working as aforesaid and are drawing a salary in the revised scale of Rs.22,360/- – Rs.37,940/-. There is some discrepancy with regard to the salary of Sheristadars of Sub Courts as well, as made a mention in the writ petition.

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Under the guise of anomaly rectification, the Government passed Ext.P1 order dated 25.6.2012, whereby the scale of pay of Sheristadars of the Principal District Courts, which stood revised as Rs.22,360/- – Rs.37,940/-, came to be modified

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W.P.C. No. 17320 of 2012 -2-

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and reduced to Rs.21,240/- – Rs.37,040/-, and that of the Sheristadars of Sub Courts also under went similar change from Rs.19,240/- – Rs.34,500/- to Rs.18,740/- - Rs.33,680/-, which forms the subject matter of challenge in this writ petition.

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The learned counsel for the petitioners submits that, the grievance projected in the writ petition has also been highlighted by them, particularly, by 1^st respondent Association by filing Ext.P2 representation dated 5.7.2012 before the Chief Minister of Kerala, which is stated as forwarded to the 1^st respondent and is now pending before the Government.

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Heard the learned Government Pleader appearing for respondents 1 and 2 and also the learned Standing Counsel for the 3^rd respondent.

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The learned counsel for the petitioners submits that the petitioners will be satisfied if a direction is given to the 1^st respondent to have Ext.P2 considered and disposed of within a reasonable time. It is ordered accordingly. The 1^st respondent is directed to consider Ext.P2 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to the

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W.P.C. No. 17320 of 2012

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-3-

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representative of the petitioners and other aggrieved parties if any, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. It is made clear that, this Court has not gone into the merits of the case and it is open for the 1^st respondent to consider the whole issue.

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Writ petition is disposed of as above.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

Kerala Judicial Ministerial Gazetted Officer Association v. State of Kerala

Case brief

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Kerala Judicial Ministerial Gazetted Officer Association v. State of Kerala

Case brief

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