Allowed

Sujatha J v. State of Kerala

Kerala HC29 Aug 2016WP(C)/30710/2014

Case brief

AI extract

What is this about?

Court allowed Writ Petition quashing orders reducing pay and pension of a retired Sheristadar. Declared entitlement to higher pay per Shetty Commission report and Supreme Court directions, directing restoration of pay scale with effect from 1.7.2009 and disbursement of arrears.

What did the court decide?

Impugned orders P-7, P-10, P-11, P-12, P-19 quashed; pay scale of Sheroistadar restored to Ext.P-6 order with effect from 1.7.2009; consequential benefits and arrears to be disbursed within 3 months.

Sujatha J Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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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 ALEXANDER THOMAS

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MONDAY, THE 29TH DAY OF AUGUST 2016/7TH BHADRA, 1938

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WP(C).No. 30710 of 2014 (R)

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PETITIONER(S):

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SUJATHA J., W/O.N.CHANDRAN, KIZHAKKEPARAMBIL, KANJIRAMATTOM, THODUPUZHA EAST P.O., THODUPUZHA, IDUKKI DISDTRICT. (RETIRED DISTRICT CURT, SHERISTADAR).

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BY ADVS.SRI.P.P.THAJUDEEN SMT.C.SEENA

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RESPONDENT(S):

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

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2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE (ANOMALY RECTIFICATION CELL-B), SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3. THE HIGH COURT OF KERALA, ERNAKULAM, 682 031, REPRESENTED BY ITS REGISTRAR, SUBORDINATE JUDICIARY.

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4. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM-695 001.

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R1, R2 & R4 BY GOVERNMENT PLEADER SRI.P.V.ELIAS R3 BY ADV. SRI.ELVIN PETER P.J.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-08-2016 ALONG WITH WP(C) 28178/2016 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 30710 of 2014 (R)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1. TRUE PHOTOCOPY OF THE RELEVANT EXTRACTS OF CHAPTER 12 OF SHETTY COMMISSION REPORT

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EXT.P1(A). TRUE PHOTOCOPY OF THE RELEVANT EXTRACTS OF CHAPTER 12 OF SHETTY COMMISSION REPORT REGARDING THE 1ST RESPONDENT

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EXT.P2. TRUE PHOTOCOPY OF THE ORDER OF SUPREME COURT IN IA NO.135-36 IN WPC NO 1022/1989.

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EXT.P3. TRUE PHOTOCOPY OF THE ORDER DATED 7/10/2009 OF HONOURABLE SUPREME COURT

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EXT.P4. TRUE PHOTOCOPY OF THE COMMUNICATION DATED 10/3/2010 OF THE 3RD RESPONDENT TO THE 2ND RESPNDENT

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EXT.P5. TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE RECOMMENDATION OF 9TH PAY COMMISSION

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EXT.P6. TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 26/2/2011 OF (PRC-C) DEPARTMENT.

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EXT.P6(A). TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 30/3/2011 OF (PRC-C) DEPARTMENT.

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EXT.P7. TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 25/6/20112 OF THE FINANCE (ANOMALY RECTIFICATION CELL-B), DEPARTMENT.

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EXT.P8. TRUE PHOTOCOPY OF THE PENSION PAYMENT ORDER NO 111232026 OF THE 4TH RESPONDENT

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EXT.P9. TRUE PHOTOCOPY OF THE COMMUTED PENSION PAYMENT ORDER NO.131232026 OF 4TH RESPONDENT

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EXT.P10. TRUE PHOTOCOPY OF THE ORDER NO.P9/21012777215/4/P/14/ 15/70227907 DATED 2/6/2014 OF THE 4TH RESPONDENT

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EXT.P11. TRUE PHOTOCOPY OF THE VERIFICATION REPORT DATED 2/6/2014 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT

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EXT.P12. TRUE PHOTOCOPY OF THE COMMUNICATION DATED 30/3/2014 ISSUED BY THE 4TH RESPONDENT

msv/

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WP(C).No. 30710 of 2014 (R)

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EXT.P13. TRUE PHOTOCOPY OF THE REPRESENTATION DATED 18/6/2014 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

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EXT.P14. TRUE PHOTOCOPY OF THE LETTER DATED 31/7/2014 ISSUED BY THE 3RD RESPONDENT

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EXT.P15. TRUE PHOTOCOPY OF THE REPRESENTATION WITH COVERING LETTER ADDRESSED TO THE 3RD RESPONDENT DATED 5/8/2014.

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EXT.P16. TRUE PHOTOCOPY OF THE FORWARDING LETTER OF 3RD RESPONDENT TO THE 4TH RESPONDENT

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EXT.P17. TRUE PHOTOCOPY OF THE INTIMATION DATED 9/10/2014 ISSUED FROM THE 4TH RESPONDENT

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EXT.P18. TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 22/5/2012 OF FINANCE DEPARTMENT.

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EXT.P18(A). TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 19/7/2012 OF FINANCE DEPARTMENT.

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EXT.P18(B). TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 29/3/2012 OF FINANCE DEPARTMENT.

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EXT.P19. TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 19/1/2013 OF HOME (L) DEPARTMENT.

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EXT.P20. TRUE PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.5707/2013.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

ALEXANDER THOMAS, J.

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W.P.(C).No. 30710 of 2014

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==================

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Dated this the 29^th day of August, 2016 J U D G M E N T

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The petitioner was holding the post of Sheristadar and before her retirement in November, 2012 she was granted enhancement of pay based on the Shetty Commission's Recommendations. But thereafter, in deviance of the Shetty Commission's Recommendations as well as the directions of the Apex Court on that subject, pay scale of Sheristadars of Principal District Courts in the State of Kerala was unilaterally revised with retrospective effect resulting in recovery of huge amounts, which were allegedly received. Therefore, the impugned orders at Ext.P-10, P-11, P-12 and P-19 were issued by the respondents reducing the pay and pensionary benefits of the petitioner on the basis of the impugned proceedings and ordering recovery of such alleged differential pensionary benefits paid to the petitioner. It is these proceedings that are under challenge in the Writ Petition. The prayers in this Writ Petition (Civil) are as follows:

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W.P.(C).No.30710/14 - : 2 :-

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“(i) Call for the records leading to Exhibit P7, P10, P11, P12 and P19 and Issue a Writ in the nature of certiorari quashing Exhibit P7,P10, P11, P12 and P19.

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(ii) Declare that the Principal District Court Sheristadars in the State of Kerala are entitled to higher pay than other staff of the District courts in view of Exhibit P1 recommendation approved by Exhibit P2 and P3 order of the Honourable Supreme Court.

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(iii) Issue a writ in the nature of mandamus commanding the respondents to restore the pay scale of Sheristadars of Principal District Courts as fixed in Exhibit P6 Government order with effect from 1.7.2009.

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(iv) Issue a writ of mandamus or other appropriate order or direction commanding the respondents to grant pensionary benefit of the petitioner as per Exhibit P8 and P9.”

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It is pointed out that similarly placed incumbents had approached this Court by filing W.P.(C).No. 5707/2013 challenging similar impugned orders and initially this Court had stayed the operation of the Government orders dated 25.6.2012 and recovery of excess pay received. It is now brought to notice that the said W.P. (C).No. 5707/2013 has been allowed by this Court as per judgment dated 18.3.2015 by directing that the impugned orders at Exts.P-7 and P-9 therein are quashed with the further declaration that the Sheristadars of all Principal District Courts in Kerala are entitled to higher pay than other staff of District Courts in view of Ext.P-1 recommendation therein approved by Ext.P-2 and P3 therein. Further the respondents were directed to restore the pay scale of Sheristadars of Principal District Courts as fixed in Ext.P-6

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W.P.(C).No.30710/14 - : 3 :-

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Government order with effect from 1.7.2009. Exts.P-1,P-2, P-3 and P-6 in W.P.(C).No. 5707/2013 are Exts.P-1, P-2, P-3 and P-6 in these writ proceedings as well.

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Aggrieved by the judgment of the learned Single Judge rendered on 18.3.2015 in W.P.(C).No.5707/2013, the State of Kerala had preferred the intra court appeal as per W.A.No. 1007/2015, in which the Division Bench rendered judgment dated 18.12.2015 finding that the impugned judgment of the learned Single Judge in W.P.(C).No.5707/2013 does not suffer from any illegality, which requires any interference at the hands of the appellate court, and had accordingly dismissed the said writ appeal.

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It is pointed out that this Court as per the interim order dated 19.11.2014 had passed an order granting stay of the operation of the orders at Exts.P-7, P-10, P-11, P-12, P-19 until the disposal of the Writ Petition. Accordingly, the respondents are directed to grant benefit of restoration of pay scale of Sheristadar of Principal District Court as fixed in Ext.P-6 order dated 1.7.2009 in the case of the petitioner and grant all consequential benefits thereto, without much delay. The arrears by way of consequential benefits should be disbursed to the petitioner by the competent

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W.P.(C).No.30710/14 - : 4 :-

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authority among the respondents within a period of 3 months from the date of production of a certified copy of this judgment.

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With these observations and directions, the Writ Petition (Civil)

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stands finally disposed of.

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Sd/-

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sdk+ ALEXANDER THOMAS, JUDGE

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///True Copy///

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P.S. to Judge

Sujatha J v. State of Kerala

Case brief

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Sujatha J v. State of Kerala

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