Disposed

S.Rajan v. the Secretary to Government

Kerala HC21 Mar 2013WP(C)/11699/2009

Case brief

AI extract

What is this about?

In a writ petition regarding the fixation of the petitioner's scale of pay, the court directed the first respondent to reconsider the petitioner's claim by specifically examining Clause (6) of a 1998 pay notification.

What did the court decide?

Directed the first respondent to consider the petitioner's claim afresh with reference to Clause (6) of Notification No. G.O.(P) No. 3000/98/Fin dated 25.11.1998 within two months.

S.Rajan Vs the Secretary to Government — Pension and Retirement Benefits | Kerala HC (2013)

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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 A.M.SHAFFIQUE

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THURSDAY, THE 21ST DAY OF MARCH 2013/30TH PHALGUNA 1934

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WP(C).No. 11699 of 2009 (F)

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PETITIONER(S):

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S.RAJAN, BINDER (UNDER SUSPENSION) IPP PRESS, KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) GENERAL HOSPITAL CAMPUS THIRUVANANTHAPURAM.

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BY ADVS.SRI.M.R.RAJESH SMT.A.K.PREETHA

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RESPONDENT(S):

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THE SECRETARY TO GOVERNMENT HEALTH DEPARTMENT, VICE CHAIRMAN KERALA HEALTH RESEARCH AND WELFARE SOCIETY, (KHRWS) GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM

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KERALA HEALTH RESEARCH AND WELFARE

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SOCIETY (KHRWS), GENERAL HOSPITAL CAMPUS THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR.

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THE MANAGING DIRECTOR

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KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM .

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SMT.USHA TITUS, MANAGING DIRECTOR KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM .

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R2-4 BY ADV. SRI.M.AJAY,SC,KERALA HEALTH

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RESEARCH&WELFARE SOCIETY

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R1 BY ADV. GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-032013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 11699/09

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APPENDIX:

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PETITIONER'S EXHIBITS :

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Ext.P1: TRUE COPY OF PROCEEDINGS NO.A6/1601/06/KHRWS (2) DATED 13.8.2007 OF THE 3RD RESPONDENT

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Ext.P2: TRUE COPY OF PROCEEDINGS NO.A6/1601/06/KHRWS (2) DATED 20.9.2007 OF THE 3RD RESPONDENT

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Ext.P3: TRUE COPY OF PROCEEDINGS NO.A6/1601/06/KHRWS (2) DATED 20.9.2007 OF THE 3RD RESPONDENT

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Ext.P4: TRUE COPY OF THE SAID ORDER NO.16/1601/KHRWS/07 DT.15.1.2008 OF THE 3RD RESPONDENT

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Ext.P5: TRUE COPY OF THE ORDER NO.E4-1582/86/KHRWS DT.25.7.97 SANCTIONING PAY OF THE EMPLOYEES OF THE IPP PRESS

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Ext.P6: TRUE COPY OF THE RESPRESENTATION DT.6.2.08 SUBMITTED TO RESPONDENTS 1 AND 3

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Ext.P7: TRUE COPY OF THE RESPRESENTATION DT.3.3.08 SUBMITTED TO RESPONDENTS 1 AND 3

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Ext.P8: TRUE COPY OF THE JUDGMENT IN WPC.13114/08 DT.11.4.08 OF THIS HON'BLE COURT

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Ext.P9: TRUE COPY OF THE PETITION DT.22.8.08 SUBMITTED BY THE PETITIONER TO THE GENERAL MANAGER OF THE 2ND RESPONDENT Ext.P10: TRUE COPY OF THE ORDER NO.A6/2711/KHRWS/08 DT.30.9.08 OF 3RD RESPONDENT

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Ext.P11: TRUE COPY OF THE ORDER NO.A6/2711/KHRWS/08 DT.30.9.08 OF 3RD RESPONDENT

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Ext.P12: TRUE COPY OF THE ORDER NO.A6/2711/KHRWS/08 DT.30.9.08 OF 3RD RESPONDENT

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Ext.P13: TRUE COPY OF ORDER NO.E1/1582/86/KHRWS DT.20/5/1995

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Ext.P14: TRUE COPY OF THE RELEVANT MINUTES OF THE 75TH MEETING OF THE GOVERNING BODY OF THE KHRWS DT.17/1/1995

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Ext.P15: TRUE COPY OF THE LETTER NO.E1-1582/86/KHRWS DT.24.2.95

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Ext.P16: TRUE COPY OF THE LETTER NO.A6-1601/KHRWS/2008 DT.14/3/2008

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Ext.P17: TRUE COPY OF LETTER NO.F.W.A1-25817/08/DHS DT.25/4/2008

//True copy//

PA TO JUDGE.

uj.

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 11699 of 2009

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--------------------------------------------------Dated this the 21^st March, 2013

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J U D G M E N T

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The petitioner has approached this Court

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challenging Exts.P3, P10 and P11. Ext.P3 came to be issued based on a judgment of this Court in O.P. No. 20864/1997 by which there was a direction that the petitioner shall be placed in the position of a Binder with effect from 27.7.1991 and that he should be granted all monetary benefits. In pursuance to the same, his pay has been fixed as on 27.7.1991 at Rs. 825/-. The authority took into consideration the revision of pay scale as per various Government orders and the first pay revision was effective from 1.3.1992 in which he was put in the revised pay scale of Rs.950-1500. Another revision of pay scale was sanctioned as per G.O.(P) No. 3000/98/Fin dated

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W.P.(C) No. 11699 of 2009

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25.11.1998 by which his pay of Rs. 1050/- was revised in the scale of pay of Rs.3050-5230. On completion of 10 years higher grade as on 27.7.2001, the petitioner was given the scale of pay at Rs.33505275. The complaint of the petitioner is that this fixation of higher grade is erroneous. According to the petitioner, the scale of pay at that point of time ought to have been Rs.4000 - 6090/-.

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Ext.P10 order is passed on the basis of a direction issued by this Court in W.P.(C) No. 13114/2008 in which it is indicated that the petitioner was in the scale of pay of Rs.3050-5250 as on 1.3.1997 based on the fixation as per G.O.(P) No. 3000/98/Fin dated 25.11.1998, the scale of pay for the first time bound higher grade promotion after 10 years is Rs.3350 - 5275/- and that of second time bound higher grade is Rs.4000 - 6090/-. The authority took

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W.P.(C) No. 11699 of 2009

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the view that since the request is for allowing the scale of pay of the second time bound higher grade for the first time bound higher grade, the same is contrary to the 1997 pay revision orders and cannot be sustained. Similar proceedings were issued as per Ext.P11 proceedings.

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Counter affidavit is filed by the first respondent inter alia supporting the stand taken in Exts.P3, P10 and P11. Learned counsel for the petitioner, however relies upon paragraph 6 of the notification G.O.(P) No. 3000/98/Fin dated 25.11.1998

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and contends that since the petitioner is entitled for a promotion and the scale of pay is higher than the time bound higher grade proposed, then the qualified incumbent will be given the scale of pay of the promotion post in the direct line of promotion as time bound higher grade. This according to the

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W.P.(C) No. 11699 of 2009

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petitioner is applicable to the petitioner's case and for that reason he is entitled for the same pay scale as that of the persons in the promotion post. This apparently is not a matter which has been considered by the authorities concerned. In that view of the matter, I am of the view that this writ petition can be disposed of directing the 1^st respondent to consider the impact of Clause (6) of the Notification referred above and pass appropriate orders in the matter. In the result, the writ petition is disposed of as follows:

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The first respondent shall consider the claim of the petitioner afresh with specific reference to Clause (6) of Notification No. G.O.(P) No. 3000/98/Fin dated 25.11.1998 after hearing the petitioner and the department. This shall be done within a period of two months from the date of receipt of a copy of this

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W.P.(C) No. 11699 of 2009

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judgment. Necessary orders in that regard shall be communicated to the appropriate authorities to carry out the directions.

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Sd/- A.M.SHAFFIQUE, JUDGE.

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rka

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/true copy/

S.Rajan v. the Secretary to Government

Case brief

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S.Rajan v. the Secretary to Government

Case brief

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