Kerala High Court
K.S.Jeejimol vs Export Inspection Council Of ... on 24 June, 2022
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.
=========================
W.P.(C) No.9590 of 2022
=========================
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
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
