High Court of Kerala dismissed the original petition under Article 227 challenging the Tribunal's order rejecting a belated claim for pay revision benefits due to failure to exercise the option within six months of return to service.
Dismissed the original petition filed under Article 227.
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.
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OP(KAT) No.217 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
OP(KAT) NO. 217 OF 2022
AGAINST THE ORDER DATED 10.11.2021 IN OA NO.1070 OF 2018 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
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PETITIONER:
A.D.BALASUBRAHAMANIAN, AGED 55 YEARS,
AYILAM VILLAGE KOTTAYI, PALAKKAD, PRESENTLY
RESIDING AT FLAT 3C CHELOOR PUSHPAK APPARTMENTS,
RAVIPURAM, KOCHI 682015, DY SUPERINTENDENT OF
POLICE, NOW ON DEPUTATION IN COCHIN SHIPYARD LTD.
AS VIGILANCE OFFICER, KOCHI -15, ERNAKULAM
KERALA, PIN – 682015.
BY ADVS.
AMALA.J.RAJ
S.JAYANT
RAJU GEORGE (KARUVATTA)
BALAMURALI K.P.
JEREES J.
PRASANTH N L
SHABNA RAHIM
RESPONDENTS:
1 STATE OF KERALA, ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETERIAT, HOME DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695001.2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT(FINANCE) ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETRAIAT, FINANCE DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695001.2
OP(KAT) No.217 of 2022
3 THE ACCOUNT GENERAL, (A&E) THIRUVANANTHAPURAM, KERALA, PIN – 695001.4 DIRECTOR GENERAL OF POLICE,
(KERALA POLICE CHIEF) POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN – 605036.
BY SENIOR GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 10.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(KAT) No.217 of 2022
JUDGMENT
Harisankar V. Menon, J .
The unsuccessful petitioner in O.A.No.1070 of 2018 before the Kerala Administrative Tribunal, Thiruvananthapuram (for short, the ‘Tribunal’) is the petitioner in this original petition filed under Article 227 of the Constitution of India. The respondents in the aforesaid original application before the Tribunal are the respondents herein also.
The petitioner was serving in the Kerala Police Department and was on deputation to the Cochin Shipyard Limited from 10.06.2002 to 10.01.2011 as Assistant Vigilance Officer. He was reverted to his parent Department and started drawing his pay from the Government of Kerala only from 19.01.2011 onwards. The petitioner was promoted in 2013 as Deputy Superintendent of Police and it was only then that he realised that his basic salary
was much lower than that of some of his juniors in service and also some of those who have entered in service along with him. He realised that this was on account of the benefits of the two pay revisions of 2004 and 2009 not being extended to him. Therefore,
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OP(KAT) No.217 of 2022
representations were submitted for extending the benefits of the pay revisions of 2004 and 2009. The said representations have been rejected by various orders, taking the view that the option for pay revision ought to have been exercised within a period of six months from the date of return to the Police Department as envisaged in the relevant rules. In such circumstances, the petitioner preferred O.A.No.1070 of 2018, praying for a direction to respondents 1 and 2 to disburse his salary with a basic pay of Rs.29,180/-, with effect from 19.11.2013 considering the two pay revisions of 2004 and 2009.
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OP(KAT) No.217 of 2022
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OP(KAT) No.217 of 2022
impugned order issued by the Kerala Administrative Tribunal, Thiruvananthapuram. Resultantly, the captioned original petition
is dismissed.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
ln
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OP(KAT) No.217 of 2022
APPENDIX OF OP(KAT) 217/2022
PETITIONER’S EXHIBITS:
EXHIBIT P1 |
TRUE COPY OF THE JUDGMENT DATED 10THNOVEMBER 2021 IN OA NO 1070 OF 2018 |
|---|---|
EXHIBIT P2 |
TRUE COPY OF OA NO 1070 OF 2018 ALONG WITHTHEANNEXURESFILEDBEFOREKERALAADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM |
EXHIBIT P3 |
THE TRUE COPY OF ANNEXURES A13 - A16 IN OANO 1070/2018 |
EXHIBIT P4 |
TRUE COPY OF THE REPLY STATEMENT FILED BYTHE FIRST RESPONDENT DATED 27/07/2019 |
EXHIBIT P5 |
TRUE COPY OF THE ADDITIONAL REPLY STATEMENTFILEDBYTHEFIRSTRESPONDENTDATED01/07/2020 PRESENTED ON 02.07.2020 |
EXHIBIT P6 |
THE TRUE COPY OF THE STATEMENT FILED BY THE3RD RESPONDENT |
EXHIBIT P7 |
TRUE COPY OF THE CERTIFICATE ISSUED BY THECOCHIN SHIPYARD EVIDENCING THE FACT THAT THEPETITIONER WAS THE ONLY OFFICER WHO WAS ONDEPUTATION FROM POLICE DEPARTMENT SERVINGIN HIS INSTITUTION FROM THE PERIOD 2002 TO2010 |
EXHIBIT P8 |
TRUE COPY OF G.O(P)NO 85/2011/FIN DATED 26-02-2011 |
EXHIBIT P9 |
TRUE COPY OF G.O(P) 176/2012/(56)/FIN DATED24TH MARCH 2012 |
EXHIBIT P10 |
TRUE COPY OF REPRESENTATION SUBMITTED BY THEPETITIONER BEFORE THE 2ND RESPONDENT DATED04/06/2024 . |
EXHIBIT P11 |
TRUE COPY OF POSTAL RECEIPT DATED 04/07/24. |
1 issue framed by the court
Whether the Kerala Administrative Tribunal was justified in holding that the petitioner is not entitled to the benefits of 2004 and 2009 pay revisions since the option was not exercised within the pre
A.D.Balasubramanian
State of Kerala
Additional Chief Secretary to Government (Finance)
Accounts General
Director General of Police
Anil K.Narendran
Harisankar V. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court