Kerala High Court
Baburajan vs Secretary To Government on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.28425 OF 2012(C)
PETITIONER:
BABURAJAN
AGED 38 YEARS,
S/O.BALAKRISHNAN,
SARADHA MANDHIRAM, EDAIKADOM PO, EZHUKONE VIA.
KOLLAM 695 150.
BY ADVS.
SRI.S.V.PREMAKUMARAN NAIR
SRI.R.T.PRADEEP
RESPONDENTS:
1 SECRETARY TO GOVERNMENT
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT
THIRUVANANTHAPURAM-695 001.
2 SECRETARY TO GOVERNMENT
DEPARTMENT OF FINANCE, SECRETARIAT
THIRUVANANTHAPURAM-695 001 .
3 KERALA URBAN AND RURAL DEVELOPMENT FINANCE
CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED
OFFICE: 5TH FLOOR, TRANS TOWERS, VAZHUTHACAUD
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT
THIRUVANANTHAPURAM-14.
4 MANAGING DIRECTOR
KERALA URBAN AND RURAL DEVELOPMENT FINANCE
CORPORATION LTD. REGISTERED OFFICE: 5TH FLOOR, TRANS
TOWERS, VAZHUTHACAUD DEPARTMENT OF LOCAL SELF
GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM-14.
SRI P M MANOJ SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28425 OF 2012 2
JUDGMENT
The petitioner states that while he was
working as the Company Secretary-cum-Finance
Manager of a Government Company, on the Scale
of Pay of Rs.23200-31150, a proposal was made
to convert it to an Asset Management Company,
thus causing restructuring of various posts,
including the one held by him, to a lower
scale. He says that the Board of Directors of
the Company, on being aware of this,
recommended the Government to enhance the pay
scale of the petitioner to make it
comparable to similar posts in other
establishments; and that, in the meanwhile,
the Company also decided to implement Pay
Revision and sought Government's permission
reckoning the existing scale of pay of the
petitioner, along with other employees.
2. The petitioner alleges that,
however, Government interfered with the pay
scale of the petitioner and issued Ext.P8
clarification stating that only the pay scale
as per the restructured post shall be granted
to the petitioner. The petitioner, therefore,
prays that Ext.P8 be set aside and
respondents 1 and 2 be directed to reckon his
existing pay scale of Rs.23200-31150, as far
as the post is concerned, for the purpose of
revision of pay.
3. When this matter was taken up today,
learned counsel for the petitioner,
Shri.R.T.Pradeep, submitted that pending this
writ petition his client resigned from the
services in 2015, but the Company had
permitted him to draw the pay scale mentioned
above until he was relieved from service
consequent to the resignation. He, therefore,
submitted that he does not require any
further orders in this writ petition, except
that the respondents be directed not to
recover any amounts from his client merely
because he had drawn the salary on the pay
scale which he was enjoying earlier.
4. When I consider the afore
submissions, it is indubitable that the
petitioner was allowed to draw the scale of
pay consequent to the interim order granted
by this Court on 13/12/2012. Since he has
resigned from service thereafter, I do not
think any further directions are required in
this writ petition, except to clarify that
the pay and allowances already availed of by
him in the scale of pay of Rs.23200-31150 as
per the interim order of this Court will not
be recovered in future.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/10.2.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE GO(RT) NO.
1475/2011/LSGD DATED 20.6.2011 BY WHICH
GOVERNMENT ACCORD SANCTION FOR APPOINTMENT.
EXHIBIT P2 THE TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 21.6.2011 BY 4TH DESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE GO (MS) NO.
328/2011/LSGD DATED 30.12.2011.
EXHIBIT P4 THE TRUE COPY OF THE PERMISSION SOUGHT BY
3RD RESPONDENT FROM GOVERNMENT TO TOP UP
THE SCALE OF PAY TO THE THREE POSTS DATED
11.4.2012.
EXHIBIT P5 THE TRUE COPY OF THE MINUTES OF MEETING OF
BOARD OF DIRECTORS DATED 26.4.2011.
EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION DATED
4.6.2012 FROM 4TH RESPONDENT TO 1ST
RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION OF
PETITIONER DATED 23.7.2012.
EXHIBIT P8 THE TRUE COPY OF THE CLARIFICATION OF
GOVERNMENT DATED 19/11/2012.
