WP(C) No.9590/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
WP(C) NO. 9590 OF 2022
PETITIONER:
K.S.JEEJIMOL, AGED 57 YEARS, D/O.K.A.SREEDHARAN, JUNIOR HINDI
TRANSLATOR, EXPORT INSPECTION AGENCY, KOCHI-682 011, RESIDING AT
'ARYA NIVAS', VADUTHALA P.O., KOCHI-682 023
RESPONDENTS:
1. EXPORT INSPECTION COUNCIL OF INDIA REPRESENTED BY ITS DIRECTOR,
(INSPECTOR & QUALITY CONTROL), 2ND FLOOR, BLOCK I, COMMERCIAL
COMPLEX, EAST KIDWAI NAGAR, NEW DELHI-110 023
2. EXPORT INSPECTION AGENCY, REPRESENTED BY ITS JOINT DIRECTOR,
SHIPYARD QUARTERS ROAD, PANAMPILLY NAGAR SOUTH, KOCHI-682 036
3. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF COMMERCE,
MINISTRY OF COMMERCE & INDUSTRY, UDYOG BHAVAN, NEW DELHI-110 001
4. THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF OFFICIAL
LANGUAGE, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAWAN, KHAN MARKET,
NEW DELHI 110 003
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the Respondents to pay the Salary of the Petitioner with
Grade pay of Rs.5400/- on MACP Upgradation provisionally, subject to the
outcome of this Writ Petition, in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.V.SALEEM & SHAFIK M.ABDULKHADIR, Advocates for the petitioner and of
ASSISTANT SOLICITOR GENERAL OF INDIA for R1 to R4, the court passed the
following:
WP(C) No.9590/2022 2/4
ANU SIVARAMAN, J.
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W.P.(C) No.9590 of 2022
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Dated this the 24th day of June, 2022
ORDER
Heard the learned counsel for the petitioner and the learned CGC appearing for the respondents.
2. The preliminary contentions raised by the learned CGC that the issue raised in this writ petition can be considered only after the consideration of the writ appeal filed against Ext.P10 judgment. I notice that what was decided in Ext.P10 was with regard to the reduction effected in the pay of the petitioner from the scale of Rs.5,000- 8,000/- to Rs.4,600-7,000/-. The said issue is said to be pending in an appeal. The prayer in this writ petition is with regard to the entitlement of the petitioner to the grant of scale of pay of Rs.5,500-9,000/- as Hindi Translator and for corresponding revision of pay and financial accommodations.
3. The learned counsel for the petitioner contends that the petitioner, who is a Hindi Translator working in an autonomous body is entitled to equivalent pay on the WP(C) No.9590/2022 3/4 W.P.(C) No.9590 of 2022 -:2:- strength of the Government orders and office memoranda produced along with the writ petition as Exts.P8, P9 and P15.
4. Having considered the contentions advanced, I am of the opinion that since the prayer in this writ petition is specifically for equivalency in the matter of pay scale as covered by the office memoranda, the consideration of this case does not have to await the resolution of the issue raised in WA 809/2017 which is separate and distinct.
In the above view of the matter, the issue of maintainability is found in favour of the petitioner. The respondents shall place a counter affidavit on record with regard to the contentions on merits.
Post on 5/7/2022.
Sd/-
ANU SIVARAMAN
ska JUDGE
24-06-2022 /True Copy/ Assistant Registrar
WP(C) No.9590/2022 4/4
APPENDIX OF WP(C) 9590/2022
Exhibit P8 TRUE COPY OF THE O.M.F.NO.1/1/2008-IC DATED 24.11.2008
ISSUED BY THE DEPARTMENT OF EXPENDITURE , MINISTRY OF FINANCE Exhibit P9 TRUE COPY OF THE CORRIGENDUM F.NO.1/1/2008-IC DATED 27.11.2008 ISSUED BY THE DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE WITH TYPED COPY Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 20.1.2017 OF THIS HON'BLE COURT IN WPC NO.17363/2005 Exhibit P15 TRUE COPY OF THE O.M.F.NO.13035/01/2013-O.L (POLICY) DATED 16.2.2016 ISSUED BY THE DEPARTMENT OF OFFICIAL LANGUAGES , MINISTRY OF HOME AFFAIRS