The Kerala State Electricity Board vs T.Selvarajan
2024 Latest Caselaw 4470 Ker

Kerala High Court

The Kerala State Electricity Board vs T.Selvarajan on 6 February, 2024

Author: Amit Rawal

Bench: Amit Rawal

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                     &
               THE HONOURABLE MRS. JUSTICE C.S. SUDHA
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                            WA NO. 544 OF 2021
   AGAINST THE JUDGMENT IN WP(C)NO.22616/2010 DATED 10/03/2020
                       OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 2:

    1       THE KERALA STATE ELECTRICITY BOARD,
            REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,
            PATTOM PALACE P.O., THIRUVANANTHAPURAM.
    2       THE CHIEF ENGINEER (HRM),
            K.S.E.B, VYDHUTHI BHAVAN, PATTOM,
            THIRUVANANTHAPURAM-4.
            BY ADVS.
            ASOK M.CHERIAN
            ANTONY MUKKATH
            REGI MATHEW(K/1132/2020)
            JOY V. JOSEPH(K/1910/1999)
            AMJAD ANWAR(K/2174/2021)


RESPONDENT/PETITIONER:

            T.SELVARAJAN,
            BETHEL BHAVAN, ATTUPURAM, KULATHOOR,
            UTCHAKADA P.O., NEYYATTINKARA,
            THIRUVANANTHAPURAM-695 506.
            BY ADVS.
            SMT.SHAMEENA SALAHUDHEEN
            SMT.S.SIMY



     THIS   WRIT   APPEAL   HAVING   COME   UP   FOR   FINAL   HEARING   ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.544 of 2021
                                                  2



                     AMIT RAWAL & C.S.SUDHA, JJ.
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                         Writ Appeal No.544 of 2021
       -------------------------------------------------------------------------
                 Dated this the 06th day of February, 2024


                                      JUDGMENT

Amit Rawal, J.

The present intra court appeal has been preferred against the

judgment of the learned Single Bench allowing the writ petition of the

respondent based upon the decision of the Kerala State Electricity

Board, Ext.P1 dated 19/10/1996 wherein, in unison it was decided that

the anomaly between the salary of the junior and senior persons should

be removed and brought at par.

2. The conditions in Ext.P1 Board order reads as under:

"The Board having considered the above suggestions and the relevant aspects in detail is pleased to order as follows:-

1. If an employee either officer or workman draws his next increment in the revised scale, as per the provisions of the Long-term Settlement dated 02.08.1995 or the Board Order dated15.3.96, cited No.2 above, as the case may be and thereby becomes eligible for higher pay than his senior whose next increment falls due at a later date, then the pay of such senior shall be refixed equal to the pay of the junior from the date on which the junior becomes entitled to the higher pay.

2. In case where a senior employee, either officer or workman, promoted to a higher post before 01.07.1993/01.08.1993, draws lesser pay in the revised scale than his junior who is promoted to the higher post on or after 01.07.1993/01.08.1993, the pay of the senior employee will be stepped up to that of the junior with effect from the date on which the junior draws more pay.

3. The benefits granted as per (1) and (2) above are also subject to the following conditions:-

(i) The senior and junior employees should belong to the same category and should have been promoted to the same category of post.

(ii) The anomaly should not be due to differences in weightage.

(iii) The anomaly should have been arisen directly as a result of the pay revision granted with effect from 1.7.1993/1.8.1993.

(iv) In case there the pay of an employee is stepped up terms of (1) & (2) above, the next increment shall be granted after completing the period required to earn an increment from the date of such step up.

(v) The fixation of pay as on 1.7.1993 or 1.8.1993, of both the senior and the junior should be got approved by the FA & CA before allowing such step-up.

(vi) The seniority should be checked with reference to approved gradation list and a detailed entry showing the serial number of both the senior and junior made in the service book.

(vii) The step-up should be allowed by an authority competent to approve fixation of pay as stipulated in cl.xiii of the Audit Circular No.1/LTS dated 17.10.1995.

4. It is further ordered that monetary benefits as per this order will accrue prospectively."

3. Learned counsel appearing on behalf of the appellants

submitted that the respondent does not fall in condition no.(i) and

therefore could not have been granted the benefit of parity in pay as

there was no such anomaly.

4. On the other hand, the learned counsel appearing on behalf

of the respondent submitted that in a similar matter, where the

respondent herein and therein was the same and junior to both the

petitioners, was drawing more salary and the learned Single Bench of

this court in Ext.P3 judgment allowed the writ petition. Writ appeal

taken before the Division Bench in Ext.P4 judgment has also been

dismissed much less the Board had complied with the judgment in

letter and spirit. On coming to know this fact, we are about to dismiss

this writ appeal with a cost of ₹10,000/- to be imposed upon the officer

who had taken the decision to file the appeal. Owing to the fact that the

matter has been covered, we are of the view that the legal officer who

had taken a call to file the appeal should not have wasted the time and

cost of litigation of the respondent.

At this stage, learned counsel appearing on behalf of the

appellants seek permission of this court for withdrawal of the appeal.

Ordered accordingly.

SD/-

AMIT RAWAL JUDGE

SD/-

C.S.SUDHA JUDGE ak