The Court directed the competent authority to reconsider pay parity for IHRD Librarians with State Government Librarians, setting aside Exts.P9 and P10 and mandating a decision within four months.
Set aside Exts.P9 and P10 regarding Librarian Grade II posts; directed Government to reconsider pay parity within four months.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 1ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944
WP(C) NO. 12569 OF 2022
PETITIONERS:
P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) T.C.KRISHNA C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE
RESPONDENTS:
2 INSTITUTE OF HUMAN RESOURCE DEVELOPMENT, TC/86/1949 (2), N.H.BYPASS JUNCTION, CHAKKAI, PETTAH P.O., THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS DIRECTOR.
SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12569 OF 2022
2
JUDGMENT
When this matter was called today, the learned counsel on both sides were ad idem that the issues involved in this case - save a minor variation, have been considered and answered by this Court in the judgment in W.P.(C) No.23280/2020.
WP(C) NO. 12569 OF 2022 3
Resultantly, I set aside Exts.P9 and P10, to the extent to which it relates to the posts of Librarian Grade II in the services of the IHRD; with a consequential direction to the Government to reconsider the matter, especially adverting to the argument of the petitioners that they were always given salary and emoluments at par with Librarians in the Government service and after hearing them, as also the officials concerned of the IHRD, and any other person who may be interested; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 12569 OF 2022 4
| PETITIO | NER | APPENDIX OF WP(C) 12569/2022 EXHIBITS |
|---|---|---|
| Exhibit | P1 | TRUE COPY OF GO(P)NO.145/2006/FIN, DATED 25.3.2006. |
| Exhibit | P2 | TRUE COPY OF ORDER NO.EA 2/3211/2006/HRD DATED 28.7.2006 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit | P3 | TRUE COPY OF GO(P)NO.85/2011/FIN DATED 26.2.2011. |
| Exhibit | P4 | TRUE COPY OF GO(MS)NO.399/2012(102)/FIN DATED 13.07.2012. |
| Exhibit | P5 | TRUE COPY OF THE JUDGMENT DATED 23.10.2013 IN W.P.(C)NO.10532/2013. |
| Exhibit | P6 | TRUE COPY OF GO(MS)NO.692/14/H.EDN DATED 20.8.2014 AND THE APPROVED SPECIAL RULES OF THE 2ND RESPONDENT. |
| Exhibit | P7 | TRUE COPY OF GO(MS)NO.939/14/H.EDN, DATED 09.12.2014. |
| Exhibit | P8 | TRUE COPY OF ORDER NO.EA2/3266/2011/HRD, DATED 14.1.2015 ISSUED BY THE 2ND RESPONDENT. |
| Exhibit | P9 | TRUE COPY OF LETTER DATED 9.6.2020 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT. |
| Exhibit | P10 | TRUE COPY OF LETTER NO.J1/18/2021/HEDN DATED 27.4.2021 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit | P11 | TRUE COPY OF GO(P)NO.7/2016/FIN DATED 20.1.2016 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit | P12 | TRUE COPY OF ORDER EA2/1298/2016/HRD(1), DATED 31.12.2019 ISSUED BY THE 2ND RESPONDENT. |
3 issues framed by the court
Whether the competent authority must reconsider pay parity for IHRD Librarians considering prior government orders and previous judgment.
Whether Exts.P9 and P10 must be set aside regarding Librarian Grade II posts to allow reconsideration.
Whether a time limit should be fixed for the government to take a decision on parity with State Government Librarians.
Colour shows how this judgement treated each authority
W.P.(C) No.23280/2020Relied on¶20
Cijimol Scharia and others
State of Kerala
Institute of Human Resource Development
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
