Vasantha Kumari vs Kerala Stae Council For Science
2022 Latest Caselaw 5220 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE V.G.ARUN
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                 WP(C) NO. 1109 OF 2018
PETITIONER/S:

    1    VASANTHA KUMARI
         AGED 55 YEARS
         AGED 55 YEARS, W/O. LATE VIJAYAKUMAR M,OFFICE
         ATTENDANT KERALA STATE COUNCIL FOR
         SCIENCE,TECHNOLOGY AND ENVIRONEMNT
         (KSCSTE),RESIDING AT OOLANVILA, KRA-
         185,NALANCHIRA P.O., THIRUVANANTHAPURAM-695 015.
    2    PRASANNAKUMARI C.S
         AGED 52 YEARS, W/O. GANGAN, OFFICE ATTENDANT
         KERALA STATE COUNCIL FOR SCIENCE,TECHNOLOGY AND
         ENVIRONEMNT (KSCSTE),RESIDING AT PERUNTHRA
         MELA, AIBI BHAVAN, KARIAVATTOM
         P.O.,THIRUVANANTHAPURAM.
    3    SELIN N.S
         AGED 38 YEARS, W/O.JOY THOMAS, OFFICE ATTENDANT
         KERALA STATE COUNCIL FOR SCIENCE,TECHNOLOGY AND
         ENVIRONEMNT (KSCSTE),RESIDING AT MECHIRAGATHU
         HOUSE, MANJAPPARA,THALIKUZHY P.O.,
         THIRUVANANTHAPURAM-695 612.
    4    SAVITHRY R
         AGED 54 YEARS, W/O.LATE RADHAKRISHNAN, OFFICE
         ATTENDANT KERALA STATE COUNCIL FOR
         SCIENCE,TECHNOLOGY AND ENVIRONEMNT
         (KSCSTE),RESIDING AT KAVUVILA PUTHENVEEDU,T.C
         LANE 34, KURAVANKONAM, THIRUVANANTHAPURAM
    5    JOSHI K VARUGHESE
         AGED 37 YEARS, S/O. K.V. VARKEY, OFFICE
         ATTENDANT KERALA STATE COUNCIL FOR
         SCIENCE,SREENIVASA RAMANUJAN INSTITUTE FORBASIC
         SCIENCES,RESIDING AT KALAYIL HOUE, PUTHUPPALLY
         P.O.,KOTTAYAM-686 011.
    6    CHANDRI C.P
         AGED 54 YEARS, D/O. CHINDHAMONY,CLERICAL
         ASSISTANT KERALA STATE COUNCIL FOR
         SCIENCE,TECHNOLOGY AND ENVIRONMENT
         (KSCSTE),RESIDING AT 57/1038, PARAPPACHANVILA,
         KALADY,KARAMANA P.O., THIRUVANANTHAPURAM 695
         002.
    7    VIDHYA BHADRAN
         AGED 30 YEARS, W/O. JAYAPRASAD K.R,CLERICAL
 W.P.(C) No.1109 of 2018

                              -2-


            ASSISTANT,KERALA STATE COUNCIL FOR
            SCIENCE,TECHNOLOGY AND ENVIRONEMNT
            (KSCSTE),RESIDING AT MUDEETHARA VADAKKATHIL,
            PUTHIAVILA P.O., ALAPPUZHA 690 531.
     8      BEENA C.N
            AGED 43 YEARS, W/O. T.D. PRADEEPKUMAR,ASSISTANT
            SRINIVASA RAMANUJAN INSTITUTE FOR BASIC
            SCIENCES,RESIDING AT THEKKEDATHU YOGAKSHEMA,
            OLD BOAT JETTY ROAD, KOTTAYAM-686 001.
     9      GRISH KUMAR S
            AGED 51 YEARS, S/O. SADASIVAN NAIR M.G,HELPER
            KERALA STATE COUNCIL FOR SCIENCE,TECHNOLOGY AND
            ENVIRONMENT (KSCSTE),RESIDING AT AMBIKA BHAVAN,
            MACHEL P.O.,MALAYINKIL VIA, THIRUVANANTHAPURAM-
            695 571.
    10      LALAN R
            AGED 34 YEARS, S/O. ROBINSON,GARDNER (SKILLED
            ASSISTANT),JAWAHARLAL NEHRU TROPICAL BOTANIC
            GARDEN & RESEARCH INSTITUTE (JNTBGRI), RESIDING
            AT BLOCK NO. 14, JAWAHAR COLONY,EX.COLONY P.O.,
            PALODE, THIRUVANANTHAPURAM-695 562.
            BY ADVS.
            SRI.THAMPAN THOMAS
            SRI.JACOB CHACKO
            SRI.B.V.JOY SANKER

RESPONDENT/S:

     1      KERALA STAE COUNCIL FOR SCIENCE
            TECHNILOGY AND ENVIRONMENT (KSCSTE),SASTHRA
            BHAVAN, PATTOM, THIRUVANANTHAPURAM,PIN-695 004,
            REP. BY ITS EXECUTIVE VICE PRESIDENT.
     2      MEMBER SECRETARY
            KERALA STATE COUNCIL FOR SCIENCE,TECHNOLOGY AND
            ENVIRONMENT (KSCSTE),SASTHRA BHAVAN, PATTOM,
            THIRUVANANTHAPURAM-PIN-695 004.
     3      SRINIVASA RAMANUJAN INSTITUTE FOR BASIC
            SCIENCES SRIBS
            VELLOOR P.O., PAMPADY, KOTTAYAM-686
            501,REPRESENTED BY ITS DIRECTOR.
     4      CENTRE WATER RESOURCES DEVELOPMENT AND
            MANAGEMENT CWRDM
 W.P.(C) No.1109 of 2018

                               -3-


             KUNNAMANGALAM, KOZHIKODE-673 571,REPRESENTED BY
             ITS DIRECTOR
     5       JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN
             RESEARCH INSTITUTE JNTBGRI
             PALODE, THIRUVANANTHAPURAM-695 562,REPRESENTED
             BY ITS DIRECTOR.
     6       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY,SCIENCE
             & TECHNOLOGY DEPARTMENT, THIRUVANANTHAPURAM-695
             001.
             BY ADVS.
             GOVERNMENT PLEADER
             SRI.ANOOP P.V., SC, CWRDM

OTHER PRESENT:

             SC FOR KSCSTE AND NATPAC P.C.SASIDHARAN; GP
             VENUGOAPL V AND SR. GP PREMCHAND R. NAIR; ADV.
             IMAM GRIGORIOS KARAT FOR KFRI


         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.03.2022, ALONG WITH WP(C).37590/2017, 41113/2017,
THE COURT ON      13.05.2022 DELIVERED THE FOLLOWING:
 W.P.(C) No.1109 of 2018

                                    -4-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                          WP(C) NO. 37590 OF 2017
PETITIONER/S:

            ULLAS A.
            AGED 42 YEARS
            AGED 42, S/O. ALI, NOW WORKING AS
            GARDENER,JAWAHARLAL NAHRU TROPICAL BOTANIC
            GARDEN &RESEARCH INSTITUTE, PALODE,
            THIRUVANANTHAPURAM,RESIDING AT BLOCK NO.2,
            ALAYIL, TBG JUNCTION,KARIMANKODE P.O.,
            THIRUVANANTHAPURAM - 695 592.
            BY ADVS.
            SRI.R.BINDU (SASTHAMANGALAM)
            SRI.PRASANTH M.P

RESPONDENT/S:

     1      THE DIRECTOR
            JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN
            &RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM
            - 695 562.
     2      JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN
            RESEARCH INSTITUTE
            PALODE, THIRUVANANTHAPURAM - 695
            562,REPRESENTED BY ITS DIRECTOR.
     3      THE KERALA STATE COUNCIL FOR SCIENCE
            TECHNOLOGY AND ENVIRONMENT,SASTHA BHAVAN,
            PATTOM P.O.,THIRUVANANTHAPURAM - 695
            004,REPRESENTED BY THE SECRETARY.
     4      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO
            GOVERNMENT,DEPARTMENT OF SCIENCE &
            TECHNOLOGY,GOVERNMENT
            SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
 W.P.(C) No.1109 of 2018

                              -5-


            BY ADVS.
            SRI.C.K.KARUNAKARAN SC FOR (TBGARI)
            GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.03.2022, ALONG WITH WP(C).1109/2018 AND CONNECTED
CASE, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:
 W.P.(C) No.1109 of 2018

                                    -6-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                          WP(C) NO. 41113 OF 2017
PETITIONER/S:

     1      P.K. RAJENDRAN
            AGED 55 YEARS
            AGED 55 YEARS, S/O.P.M.KOCHUKUNJU, DRIVER,
            KFRI, RESIDING AT PUTHENVEEDU, VILENGANNOOR,
            PEECHI ROAD, THRISSUR.
     2      E.O.MATHAI
            AGED 56 YEARS
            AGED 56 YEARS, S/O.LATE E.V.OUSEPH, DRIVER,
            KFRI, RESIDING AT EDAPPARA HOUSE, BETHENY ROAD,
            VILANGANNOOR, PEECHI, THRISSUR-680653.
     3      T.S.PRAKASH
            AGED 54 YEARS
            AGED 54 YEARS, S/O.SANKARAN, HELPER, KFRI,
            RESIDING AT THEKKILA HOUSE, KANNARA P.O.,
            VETTILAPARA, THRISSUR-680652.
     4      RUGMANI C.
            AGED 58 YEARS
            AGED 58 YEARS, W/O.P.PEETHAMBARAN, TYPIST,
            KFRI, RESIDING AT KOZHIPRA HOUSE,
            P.O.MANNAMANGALAM, THRISSUR-680014.
     5      N.RAJAN
            AGED 50 YEARS
            AGED 50 YEARS, S/O.VELAYUDHAN, HELPER, KFRI,
            RESIDING AT NECHIVETTIL HOUSE, KAPPIL P.O.,
            VANDOOR, MALAPPURAM.
     6      K.A.THANKACHAN
            AGED 52 YEARS
            AGED 52 YEARS, S/O.AYYAPPAN, HELPER, KFRI,
            RESIDING KALLAMPILLY HOUSE, PLAMUDI P.O.,
            KOTTAPADI, ERNAKULAM-686692.
     7      M.S.SANTHOSH KUMAR
            AGED 46 YEARS
 W.P.(C) No.1109 of 2018

                              -7-


            AGED 46 YEARS, S/O.SIVARAMAN, HELPER, KFRI,
            RESIDING AT MADAMPATH HOUSE, PEECHI P.O.,
            THRISSUR-680653.
     8      THOMAS I.O.
            AGED 56 YEARS
            AGED 56 YEARS, S/O.OUSEPH, HELPER, KFRI,
            RESIDING AT NJAIYAN HOUSE, KFRI QTRS
            1/25,P.O.PEECHI, THRISSUR.
     9      T.P.JOHN
            AGED 57 YEARS
            AGED 57 YEARS, S/O.T.A.POLOUSE, HELPER, KFRI,
            RESIDING AT THOTTUMKARYIL HOUSE, VILANGANUR,
            PEECHI P.O., THRISSUR-680652.
    10      P.S.KADEEJA
            AGED 49 YEARS
            AGED 49 YEARS, S/O.SAITHALY, HELPER, KFRI,
            RESIDING AT POONERI HOUSE, VELYPADAM P.O.,
            VETTINGAPADAM-680303.
    11      SIMON T.O.
            AGED 52 YEARS
            AGED 52 YEARS, S/O.OUSEPH T.C., HELPER, KFRI,
            RESIDING AT THARAKAN HOUSE, MANNUTHY P.O.,
            THRISSUR-680651.
    12      C.P.UMMER
            AGED 49 YEARS
            AGED 49 YEARS, S/O.MOIDEEN, HELPER, KFRI,
            RESIDING AT CHOLAKKAPARAMBIL HOUSE, RAMANKUTH
            P.O, NILAMBUR-670330.
    13      V.L.ALPHONSA
            AGED 57 YEARS
            AGED 57 YEARS, S/O.LONA, HELPER, KFRI, RESIDING
            AT VAZHAPPILLY HOUSE, VELYPADAM P.O., THRISSUR-
            680303.
    14      A.V.CHAMY
            AGED 55 YEARS
            AGED 55 YEARS, S/O.VELLA, HELPER, KFRI,
            RESIDING AT KFRI QUARTERS 1/13, PEECHI P.O.,
            THRISSUR.
    15      K.KRISHNADASAN
            AGED 59 YEARS
            AGED 59 YEARS, S/O.NARAYANAN NAIR, HELPER,
            KFRI, RESIDING AT KALATHINGAL HOUSE, NILAMBUR
            P.O.-679329.
 W.P.(C) No.1109 of 2018

                              -8-


    16      SURESH M.K.
            AGED 46 YEARS
            AGED 46 YEARS, S/O.KOCHUMON M.M., HELPER, KFRI,
            RESIDING AT MANGALAN HOUSE, KFRI QUARTERS
            1/14,PEECHI, THRISSUR-680653.
    17      C.B.SAJY
            AGED 45 YEARS
            AGED 45 YEARS, S/O.C.G.BALAN, HELPER, KFRI,
            RESIDING AT CHILLAYIMADATHIL HOUSE,
            KARADEYALLA, KANNARA P.O., THRISSUR-680652.
    18      T.P.VALSAN
            AGED 50 YEARS
            AGED 50 YEARS, S/O.T.S.PARAMESWARAN, HELPER,
            KFRI, RESIDING AT THYVALAPPIL HOUSE,
            CHOOLISSERY P.O., THRISSUR-680541.
            BY ADVS.
            SRI.THAMPAN THOMAS
            SRI.JACOB CHACKO
            SRI.B.V.JOY SANKER

RESPONDENT/S:

     1      KERALA FOREST RESEARCH INSTITUTE
            PEECHI P.O., THRISSUR-680653, KERALA,
            REPRESENTED BY ITS DIRECTOR.
     2      KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND
            ENVIRONMENT KSCSTE
            SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM,
            PIN-695004, REP. BY ITS EXECUTIVE VICE
            PRESIDENT.
     3      MEMBER SECRETARY
            KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY
            AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN-695004
     4      STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY,SCIENCE
            & TECHNOLOGY DEPARTMENT, THIRUVANANTHAPURAM-
            695001.
     5      ADDL. R5 HERALD WILSON
            (SOUGHT TO BE IMPLEADED)
            BY ADVS.
            GOVERNMENT PLEADER
 W.P.(C) No.1109 of 2018

                           -9-


            R.T.PRADEEP
            M.BINDUDAS
            K.C.HARISH


 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

   07.03.2022, ALONG WITH WP(C).1109/2018 AND CONNECTED

 CASE, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:
 W.P.(C) No.1109 of 2018

                                   -10-


                              JUDGMENT

Dated this the 13th day of May, 2022

The petitioners are working in various posts

in the research institutions under the Kerala

State Council for Science and Technology

(KSCSTE), an autonomous body under the Ministry

of Science and Technology, Government of Kerala,

constituted in November 2002. Initially, there

were six institutions under the KSCSTE

undertaking research work in identified domains.

The institutions are the Centre for Water

Resources Development and Management (CWRDM), the

Kerala Forest Research Institute (KFRI), the

National Transportation Planning and Research

Centre (NATPAC), the Jawaharlal Nehru Tropical

Botanic Garden and Research Institute (JNTBGRI),

the Malabar Botanical Garden & Institute for

Plant Sciences (MBGIPS) and the Kerala School of W.P.(C) No.1109 of 2018

Mathematics (KSoM). On 19.06.2003, the KSCSTE

framed its own rules for regulating the

conditions of service and other related matters

of the employees in the various institutions

under it.

2. The petitioners were appointed to some

of the above mentioned institutions, initially on

daily wages and thereafter on contractual basis.

Their service was later regularised against

sanctioned posts. While so, the KSCSTE

implemented regular scale of pay for the

employees in all its institutions. The benefit of

regular scale of pay and revision of pay based on

the previous Pay Revision Commission's

recommendations was extended to the petitioners

along with the other employees. By G.O.(MS)

No.6/2017/S&TD dated 17.10.2017, the Government

approved the proposal for revision of pay and

allowances of the employees submitted by the

KSCSTE. The approval was granted subject to the W.P.(C) No.1109 of 2018

condition that no person shall be appointed to

any post created without prior approval of the

Government and that pay revision will not be

allowed for such posts. On its part, the KSCSTE

also issued Ext.P12 communication, directing that

revision of pay shall not be allowed to those

employees whose service was regularised without

Government approval. This resulted in the

petitioners being denied the benefit of pay

revision, despite their service having been

regularised against sanctioned posts long back.

Hence, the writ petitions. For the sake of

convenience the Exhibits and parties are

described as in W.P(c) No. 1109 0f 2018.

3. Advs.Thampan Thomas and R. Bindu

Sasthamangalam, learned Counsel for the

petitioners, submitted that, having regularised

the service of the petitioners long back and

having implemented regular pay scale and their

pay having been revised in accordance with the W.P.(C) No.1109 of 2018

previous pay revision recommendations, the

respondents cannot turn around and deny the

benefit of the pay revision sanctioned as per

Ext.P11 to the petitioners, on the specious

reasoning that their service was regularised

without obtaining prior approval from the

Government. It is pointed out that the decision

to regularise the service of the petitioners was

taken by the Council of the KSCSTE consisting of

the Chief Minister and other ministers, as also

the Secretaries of various Government

Departments. The decision was ratified by the

Executive Committee with the concurrence of the

Government. As such, it is not open for the

respondents to contend that, regularisation of

petitioners' service and grant of consequential

benefits is bad for want of Government approval.

The further contention is that the interdiction

in Ext. P11 Government Order will not apply to

the petitioners, as they were appointed against W.P.(C) No.1109 of 2018

sanctioned posts.

4. Senior Government Pleader V.Venugopal

contended that, having made a backdoor entry into

public service by clandestinely getting their

service regularised, the petitioners have no

right to seek the benefit of pay revision. It is

contended that the very appointment of the

petitioners being in contravention of the

specific directions of the Supreme Court in State

of Karnataka and others v. Uma Devi and others

[2006(4) SCC 1], their right to continue in

service itself is doubtful, let alone the right

for revision of pay. In the Government order

sanctioning pay revision it is specifically

stated that the Government had found some

disparities in the proposal submitted by the

KSCSTE and therefore, only the categories

included in the previous pay revision order and

posts for which post creation orders were W.P.(C) No.1109 of 2018

available will be considered for revision. The

Government had also indicated that no person

should be appointed to posts created without

prior sanction and pay revision will not be

applicable to the posts created without approval.

Reliance is placed on the decision in Retired

Teachers and Employees Union and others v. State

of Kerala and others [2012 (1) KHC 323] to

contend that an employee has no vested right to

demand implementation of the pay revision

recommendations.

5. Advocates P.C. Sasidharan, C.K.

Karunakaran and P.V.Anoop, appearing for the

KSCSTE and its institutions, adopted the

contentions urged by the learned Government

Pleader, Adv.R.T.Pradeep appearing for the

additional 5th respondent in W.P.(C) No.41113 of

2017 supported the arguments advanced by the

petitioners.

W.P.(C) No.1109 of 2018

6. A perusal of the documents produced by

the petitioners reveals that their service was

regularised on various dates between 2010-2014.

The decision of the Council to regularise their

service was ratified by the Executive Committee

also. It is pertinent to note that the Council of

the KSCSTE consist of the following persons;

    Chief Minister                             President
    Minister for Industries                    Vice President
    Minister for Finance                       "
    Minister for Agriculture                   "
    Minister for Health                        "
    Minister for Education                     "
    Minister for Forests                       "
    Minister for Water Resources               "
    Vice Chairman,        State    Planning "
    Board
    Chief Secretary        to     Govt.   of
    Kerala
    Executive Vice President

Secretary, Department of Science and Technology, Government of India Vice Chancellors of Cochin University of Science and Technology and Kerala Agricultural University Secretary to Government, Finance Department W.P.(C) No.1109 of 2018

Five eminent persons nationally known for their expertise in S&T, Industry and Environment (nominated by Government) Director, Vikram Sara Bai Space Centre, Thiruvananthapuram Director, Regional Research Laboratory, Thiruvananthapuram Director, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram Secretary to Government, Planning and Economic Affairs Department Member Secretary (nominated by Government) Directors of two Science and Technology Institutions under the Council to be nominated in rotation by the President/Government

As such, there is merit in the contention that

the Government cannot feign ignorance about the

decision taken by the Council. Moreover, Ext P2

shows that, at least in the case of the first

petitioner, a proposal had been submitted to the

Government seeking ratification of the

appointment. As directed by the Government, the

proposal was placed before the Executive W.P.(C) No.1109 of 2018

Committee and the Committee ratified the

Council's decision to regularise the first

petitioner's service. In such circumstances, it

is doubtful whether, at a later point of time,

the respondents can contend that the appointment

of the petitioners is bad for want of Government

approval.

7. It is true that in Ext.P11 order

sanctioning pay revision for the employees of the

KSCSTE, the Government has mentioned about the

disparities in the proposal submitted by the

KSCSTE and has made it clear that only the

categories included in the pay revision order and

posts for which post creation orders were

available shall be considered for revision. The

posts for which sanction is accorded for revising

the scale of pay is separately shown in the

order. The respondents have no case that the

posts held by the petitioners are not included in

the order or that the petitioners' appointment W.P.(C) No.1109 of 2018

were not against sanctioned posts. On the other

hand, the respondents are relying on Clauses

(i), (k) and (o) in Ext.P11 Government order to

deny the petitioners' claim for revision of pay.

Being so, it will be beneficial to refer to

Clauses (i), (k) and (o) in EXt.P11;

"(i) No creation/upgradation/abolition/re- designation of post will be done without prior Government approval.

(k) No person shall be appointed (whether full time, part time, provisional, temporary, contract or daily wages) to posts created without prior Government sanction.

(o) This pay revision will not be applicable to posts, if any, created without Government approval in violation of Government order read as 1st paper above."

A careful scrutiny of the above clauses would

show that the interdiction in Clause (i) is

against creation/upgradation/abolition/

re-designation of posts without prior Government

approval. Clause (k) prohibits appointment of

persons to posts created without prior Government W.P.(C) No.1109 of 2018

sanction and Clause (o) makes it clear that pay

revision will not be applicable to posts, if any

created without Government approval. As already

mentioned, neither the Government nor the KSCSTE

has a contention that the petitioners were not

appointed against sanctioned posts. Their

contention is that the petitioners were

regularised without obtaining prior sanction from

the Government. It is nowhere stated in Ext.P11

that pay revision will not be applicable to

persons regularised without getting prior

approval from the Government. As such, Ext.P12

decision of the first respondent, to keep in

abeyance the revision of pay in respect of

employees regularised without Government

permission, is not in tune with the clauses in

Ext.P11 Government order. Therefore, the first

respondent is bound to have a re-look at the

claim raised by the petitioners.

In the result, the writ petitions are W.P.(C) No.1109 of 2018

disposed of directing the first respondent to

consider the issue regarding revision of pay of

the petitioners based on Ext.P11 (G.O.(MS)

No.6/2017/S&TD dated 17.10.2017) expeditiously

and to take a decision thereon strictly in terms

of the relevant clauses in the Government order.

The decision shall be taken untrammeled by the

observation in Ext.P12 communication

(No.610/C1/2016/KSCSTE dated 27.10.2017), after

affording an opportunity of hearing to the

petitioners or their chosen representative, as

also the additional 5th respondent in W.P.(C)

No.41113 of 2017.

sd/-

V.G.ARUN JUDGE Scl/ W.P.(C) No.1109 of 2018

APPENDIX OF WP(C) 1109/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO 59/2013/KSCSTE OF THE 1ST RESPONDENT DATED 29.05.2013.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.

217/2014/KSCSTE OF THE 1ST RESPONDENT DATED 12.11.2014 EXHIBIT P3 TRUE COPY OF THE ORDER NO.189/2014/KSCSTE ISSUED BY THE 1ST RESPONDENT DATED 16.10.2014 REGULARIZING THE ABOVE PETITIONERS IN THE SERVICE OF THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE APPOINTMENT LETTER ISSUED BY THE 1ST RESPONDENT DATED 29.11.2010 EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 29.01.2011 EXHIBIT P6 TRUE COPY OF THE ORDER NO.

108/2012/KSCSTE ISSUED BY THE 1ST RESPONDENT DATED 27.07.2012.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.

155/2014/KSCSTE OF THE IST RESPONDENT DATED 25.08.2014.

EXHIBIT P8 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 09.10.2009 EXHIBIT P9 TRUE COPY OF THE ORDER NO.

2/2012/KSCSTE DATED 6.01.2012 OF THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER DATED 11.01.2005 EXHIBIT P11 TRUE COPY OF THE ORDER NO. G.O.MS NO.

06/2017/ S&TD DATED 17.10.2017 WITH ANNEXURE.

EXHIBIT P12 TRUE COPY OF THE ORDER NO.

610/C1/2016/KSCSTE OF THE 1ST RESPONDENT DATED 27.10.2017.

W.P.(C) No.1109 of 2018

APPENDIX OF WP(C) 37590/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE CONTROLLER OF ADMINSITRATION, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT DATED 01.6.2012. EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 04.6.2012. EXHIBIT P3 TRUE COPY OF THE ORDER DAETD 09.7.2013.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17.10.2017.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.10.2017.

W.P.(C) No.1109 of 2018

APPENDIX OF WP(C) 41113/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 21-07-2006.

EXHIBIT P2 TRUE COPY OF THE ORDER LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 3-01-2012.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 7-01-2012 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26-05-

2012 OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LIST OF SANCTIONED POSTS OF 1ST RESPONDENT APPROVED BY THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.G.O.

(MS)NO.06/2017/S&TD DATED 17-10-2017. EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 27-10-2017.