Petitioner challenged denial of Career Advancement Scheme benefits. Court held extending Pay Commission benefits to statutory authorities is a policy matter within Executive discretion. Writ petition dismissed under Article 226.
None. The writ petition was dismissed on the ground that the matter falls within the Executive's policy domain.
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 N.NAGARESH
TUESDAY, THE 19TH DAY OF SEPTEMBER 2023/28TH BHADRA, 1945 WP(C) NO. 10668 OF 2019
PETITIONER
MINI I. AGED 52 YEARS W/O SHAJAHAN M., B-9, KANNANALLOOR HOUSE, KAIRALI GARDENS, MANKUZHI, PANGAPPARA, THIRUVANANTHAPURAM, KERALA-695 581.
BY ADVS. K.P.S.SURESH VARGHESE JOHN
RESPONDENTS:
1 PRINCIPAL SECRETARY GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.
2 SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695 010.
BY ADVS SMT.AMMINIKUTTY, SR.GOVERNMENT PLEADER SRI.M.RAJAGOPALAN NAIR, STANDING COUNSEL, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) No.10668 of 2019
Dated this the 19th day of September, 2023
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is aggrieved by the denial of benefits under the Career Advancement Scheme under the 9th Pay Revision Commission granted to the employees of Kerala Government. The petitioner has been working under the 2nd respondent-Secretary, Thiruvananthapuram Development Authority (TRIDA) as Assistant Engineer since 1998. The petitioner was granted promotion as Assistant Executive Engineer (HG) as per Ext.P2 order dated 12.10.2009.
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Scheme provided compensatory relief to the employees who could not secure adequate number of promotions in their career. The petitioner would submit that directly recruited employees in the post of Assistant Engineer are entitled for the post of Executive Engineer (Non cadre) on completion of 15 years of regular service as per Ext.P3 Pay Revision Commission recommendations.
representation to the 2nd respondent seeking to grant her the benefit of CAS. The 2nd respondent took up the matter with the Government. The 1st respondent-Principal Secretary, Local Self Government Department refused to accept the proposal for CAS for the employees of TRIDA. In Ext.P6 letter, the 1st respondent stated that there are only eight posts of Engineers and therefore CAS cannot be implemented in TRIDA. Ext.P7 appeal filed by the petitioner aggrieved by Ext.P6, was rejected by the Government as per Ext.P8 order. The petitioner is aggrieved by Exts.P6 and P8.
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organisation working on its own fund. The petitioner joined services under the 2nd respondent in the year 1998. The petitioner was governed by the Kerala Engineering Services Rules, 1985 applicable to Government Servants. The petitioner was promoted as Assistant Executive Engineer in the year 2009 under the same Rules.
came into force only in the year 2016. As the petitioner was governed by the Kerala Engineering Services Rules, 1985 till 2016, the petitioner would be entitled to the benefits of CAS at least till the year 2016. The petitioner became eligible for CAS benefit in the year 2013. The petitioner should have been given non-cadre promotion to the post of Executive Engineer in the pay scale on ₹36140-49740. However, the petitioner was given only the intermediate pay scale of ₹24040-38840. The placement of the petitioner in the scale of ₹24040-38840 is erroneous. The respondents are therefore compellable to grant the petitioner the scale of
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₹36140-49740, urged the counsel for the petitioner.
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issued any Order extending benefits like CAS to the employees under the 2nd respondent.
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Body and is distinct from Government Departments.
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number of employees are a few in the TRIDA, benefit of CAS need not be extended to them. Extension of CAS benefits to the employees of TRIDA would give rise to similar demands from other statutory authorities, in whose case grant of such benefits will not be viable.
The writ petition is therefore dismissed.
N. NAGARESH, JUDGE
Sd/-
aks/15.09.2023
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APPENDIX OF WP(C) 10668/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.A15783/96/TRIDA DATED 23.11.1998. EXHIBIT P2 TRUE COPY OF THE PROMOTION ORDER A/2635/2000/TRIDA DATED 12.10.2009. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF IXPRC AND PAGE-3 OF THE PAY REVISION ORDERS. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 22.7.2015. EXHIBIT P5 TRUE COPY OF THE LETTER NO.A1/2635/2000-TRIDA DATED 14.1.2016. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4.6.2016. EXHIBIT P7 TRUE COPY OF THE APPEAL DATED 16.8.2016 SUBMITTED BY THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE ORDER NO.IA4/205/2017/LSGD DATED 30.12.2017.
RESPONDENT’S EXHIBITS : NIL
2 issues framed by the court
Whether the Court can mandate the extension of Career Advancement Scheme benefits to employees of a statutory authority like TRIDA.
Whether the rejection of CAS proposal by the Government regarding TRIDA falls within the Executive's policy discretion.
Mini I.
Principal Secretary, Government of Kerala, Local Self Government Department
Secretary, Thiruvananthapuram Development Authority
N. Nagareswara Kumar, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
