N.Mahadevan vs T.K.Jose,Ias
2023 Latest Caselaw 1417 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                 CON.CASE(C) NO. 2082 OF 2021
AGAINST THE ORDER/JUDGMENT WP(C) 25933/2017 OF HIGH COURT OF
                            KERALA
PETITIONER/PETITIONER IN WRIT PETITION:

         N.MAHADEVAN
         AGED 62 YEARS, S/O. LATE V NARAYANAN,
         PRIVATE SECRETARY TO HON'BLE CHIEF JUSTICE
         (RETIRED) HIGH COURT OF KERALA, ERNAKULAM,
         RESIDING AT KAVIL THEKKE MADOM,
         KODUNGALLUR - 680 664
         BY ADVS.
         K.JAJU BABU (SR.)
         M.U.VIJAYALAKSHMI
         BRIJESH MOHAN

RESPONDENT/1ST RESPONDENT IN WRIT PETITION:

         T.K.JOSE,IAS
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
         ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF
         KERALA, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695 001
         SRI.ANTONY MUKKATH - SR.GP



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case (C) No. 2082 of 2021

                                         :2:



                   DEVAN RAMACHANDRAN, J.
               =========================
                  Con.Case (C) No.2082 of 2021
              ==========================
              Dated this the 20th day of January, 2023


                                     JUDGMENT

This Contempt of Court Case has been pending for

sometime before this Court and several orders have been issued

2. Today, the learned Senior Government Pleader -

Sri.Antony Mukkath, submitted that, in terms of the directions

of this Court, an order has been issued on 13.01.2023, granting

the scale of pay to the petitioner, as directed by this Court.

3. Sri.K.Jaju Babu, learned Senior Counsel, instructed by

Sri.Brijesh Mohan - learned counsel appearing for the

petitioner, submitted that there is some confusion in the order

aforementioned, because it says that the petitioner is granted

"monetary benefit of personal scale" (sic) with respect to the

post in question. He added that, this will create controversy in

future because, it might be interpreted that it is a personal scale

to the petitioner herein alone, and not to the post in question.

4. Sri.Antony Mukkath - learned Senior Government

Pleader, submitted that the afore apprehension of the petitioner Con.Case (C) No. 2082 of 2021

is completely untenable, because when a scale is sanctioned to

the petitioner herein, it means that same applies to the post;

because, otherwise, he/she could not have been given the said

benefit. He submitted that, when the Government states it has

granted the scale of pay to the petitioner herein, it means that

the post is eligible to the same.

5. Sri.Antony Mukkath, further reiterated that what is

directed in the order is not a "personal pay", but scale of pay to

the post, the benefits of which have been granted to the

petitioner.

Taking note of the afore submissions of Sri.Antony

Mukkath and recording particularly that the pay scale not

granted to the petitioner inures to the post itself, namely,

Private Secretary to the Chief Justice, I close this Contempt of

Court Case without any further orders.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm Con.Case (C) No. 2082 of 2021

APPENDIX OF CON.CASE(C) 2082/2021

PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 04.02.2021 IN WPC NO.25933 OF 2017 OF THIS HON'BLE COURT Annexure B TRUE COPY OF THE COVERING LETTER DATED 22.02.2021 FORWARDED TO THIS RESPONDENT AND THE TRACK CONSIGNMENT PROVING RECEIPT VIDE CONSIGNMENT NO.EL523419593IN Annexure C TRUE COPY OF THE JUDGMENT DATED 29.01.2021 IN WPC NO.1893/2020 OF THIS HON'BLE COURT Annexure D COPY OF THE RELEVANT EXTRACT OF THE PROPOSAL VIDE DO.NO.FW/J3-49631/2014 DATED 06.11.2015 OF THE HON'BLE CHIEF JUSTICE.

Annexure E COPY OF THE COMMUNICATION VIDE NO.FW/J3-

49631-2014 DATED 07.10.2016 ISSUED BY THE REGISTRAR GENERAL BEFORE THE GOVERNMENT. Annexure F COPY OF THE GOVERNMENT ORDER VIDE NO.GO.

(MS).NO.55/2021/HOME DATED 19.02.2021. Annexure G COPY OF THE ORDER NO.FW3/63304/2018/FW7 DATED 17.03.2021 OF THIS HON'BLE COURT Annexure H COPY OF THE LETTER G415/E/S-473/28 DATED 19.04.2021 ISSUED BY THE ACCOUNTANT GENERAL (A&E) KERALA.

Annexure I COPY OF THE GOVERNMENT ORDER VIDE NO.RO(RT).NO.1841/2021/HOME DATED 01.07.2021.

Annexure J TRUE COPY OF THE JUDGMENT DATED 31.03.2022 IN W.P.(C).NO.23753/2021 OF THIS HON'BLE COURT.