Kerala High Court
Kamala Devi .V vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13892 OF 2020
PETITIONER/S:
1 KAMALA DEVI .V
SCIENTIST F,AGENCY FOR NON-CONVENTIONAL ENERGY AND RU-
RAL TECHNOLOGY(ANERT),VIKAS BHAVAN.P.O, THIRUVANANTHA-
PURAM-695033.
2 PRAMOD.N.E,
SCIENTIST B, AGENCY FOR NON-CONVENTIONAL ENERGY AND RU-
RAL TECHNOLOGY(ANERT), VIKAS BHAVAN.P.O, THIRUVANANTHA-
PURAM-695033.
3 K.,PREMKUMAR,
SCIENTIST B,AGENCHY FOR NON-CONVENTIONAL ENERGY AND RU-
RAL TECHNOLOGY(ANERT), VIKAS BHAVAN.P.O, THIRUVANANTHA-
PURAM-695033.
4 P.VALSARAJ,
SCIENTIST F,AGENCHY FOR NON-CONVENTIONAL ENERGY AND RU-
RAL TECHNOLOGY(ANERT), VIKAS BHAVAN.P.O, THIRUVANANTHA-
PURAM-695033.
BY ADV S.VISHNU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRE-
TARIAT, THIRUVANANTHAPURAM-695001.
2
WPC. 13892/2020
2 THE SECRETARY,POWER DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR,
AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOL-
OGY(ANERT), VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-
695033.
4 AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOL-
OGY(ANERT),REPRESENTED BY ITS EXECUTIVE COMMITTEE, VI-
KAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
OTHER PRESENT:
GP SRI. TONY AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. 13892/2020
JUDGMENT
(Dated: 11th April, 2024)
This writ petition is filed by the petitioners seeking the following reliefs:
(1) A writ of mandamus or other appropriate writ or
order, directing the respondents to sanction and approve
revised CSIR pay and allowances due to the petitioners
under the CSIR pattern w.e.f. 1.1.2016 and release the
arrears thereof within a time frame to be specified by the
Hon'ble Court.
(2) A writ of certiorari or other appropriate writ or order
to call for the records leading to the issue of Exhibit P9
and set aside Exhibit P9.
(3) Any other further relief or order as this Hon'ble Court
may deem fit and proper to meet the ends of justice,
(4) Award the cost of these proceedings.
2. Heard counsel on either side.
In view of Exts.P17 to P20, the reasons stated in Ext.P9 rejection
order no longer hold good. Therefore, this writ petition is disposed of
directing the 1st respondent to take up Ext.P7 submission and after
hearing all the affected parties pass appropriate orders in the light of
Ext.P17 to P120, within a period of three months from the date of
receipt of a copy of the judgment.
The writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
ss
APPENDIX OF WP(C) 13892/2020
PETITIONER
EXHIBITS
EXHIBIT P1
TRUE COPY OF THE G.O.(MSo)NO.30/87/STED DATED 6.12.1987.
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 20.1.2009 IN
W.P(C)NO.27417/2006 OF THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 27.5.2010 IN CONTEMPT
CASE(C)NO.1373/2019L OF THE HON'BLE HIGH COURT.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.5-1(302)/2015-PD DATED
23.3.2017 ISSUED B THE CSIR.
EXHIBIT TRUE COPY OF THE COMMUNICATION NO.5-1(302)/2015-PD DATED
P4(A) 21.9.2017 ISSUED B THE CSIR.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.PWR-PS2/146/2017-POWER
DATED 5.6.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF MINUTES OF THE 50TH MEETING OF THE EXECUTIVE
COMMITTEE OF ANERT HELD ON 30.11.2017.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 26.7.2018 SUBMITTED
BY THE PETITIONERS TO THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 16.1.2019 IN
W.P(C)O.37026/2018 OF THE HON'BLE COURT.
EXHIBIT P9 TRUE COPY OF G.O(RT)NO.7/2020/POWER DEPARTMENT DATED
20.1.2020.
EXHIBIT P10 TRUE COPY OF G.O.(P)NO.18/2019/HEDN DATED 29.6.2019 (RELE-
VANT PORTION).
EXHIBIT P11 TRUE COPY OF G.O.(P)NO.18/2020/HEDN DATED 28.5.2020.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 17/5/2021 IN WPC
NO.9622/2021 OF THE HON'BLE HIGH COURT
Exhibit P13 TRUE COPY OF G.O.(RT) NO.121/2021/POWER DATED 7/9/2021 IS-
SSUED BY THE PRINCIPAL SECRETARY, POWER (A) DEPARTMENT,
GOVERNMENT OF KERALA
Exhibit P14 TRUE COPY OF THE COMMUNICATION NO.ANERT-ASDM/27/2021-JM
(HRM) DATED 20/7/2021 ISSUED BY THE CHIEF EXECUTIVE, ANERT
Exhibit P15 TRUE COPY OF G.O.(MS) NO.8/2013/PD DATED 22/2/2013 ISSUED
BY THE SECRETARY, POWER (PS) DEPARTMENT, GOVERNMENT OF KER-
ALA.
Exhibit P16 TRUE COPY OF THE MINUTES OF THE 53RD MEETING OF THE EXECU-
TIVE COMMITTEE OF ANERT HELD ON 11/7/2019
Exhibit P17 TRUE COPY OF THE G.O.(P)NO. 54/2020/H&FWD DATED 11.09.2022
ISSUED BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE
(S) DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit P18 TRUE COPY OF G.O.(P)NO. 149/2020/FIN. DATED 05.11.2020 IS-
SUED BY THE ADDITIONAL CHIEF SECRETARY, FINANCE (PAY REVI-
SION CELL-C) DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit P19 TRUE COPY OF THE G.O.(P)NO. 112/2021/FIN DATED 09.08.2021
ISSUED BY THE ADDITIONAL CHIEF SECRETARY, FINANCE (PRC-C)
DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit P20 TRUE COPY OF G.O.(MS)NO. 120/2021/FIN DATED 13.10.2021 IS-
SUED BY THE ADDITIONAL CHIEF SECRETARY, FINANCE (PRC-C) DE-
PARTMENT, GOVERNMENT OF KERALA.
RESPONDENT EXHIBITS
Exhibit True copy of the G.O(MS)No.8/2021/Power dated 25-02-2021
R2(a):
