Kerala High Court
Export Inspection Council Of India vs K.S.Jeejimol 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. 114 OF 2023
AGAINST JUDGMENT DATED 28./10/2022 IN WP(C) 9590/2022 OF THIS COURT
APPELLANTS/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, PIN - 110023.
AND 3 OTHERS.
BY ADV. SRI. K.S. PRENJITH KUMAR, CGC
RESPONDENT/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, PIN - 682023.
BY ADVS. M/S. P.V. SALEEM, SHAFIK M.A. & K.E. HADHIK JAZAR
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment in WP(C) No.9590 of 2022 dated
28.10.2022 in the interest of justice.
This Writ Appeal again coming on for orders on 06/02/2024 upon
perusing the appeal memorandum and this Court's order dated 14/06/2023,
the Court on the same day passed the following:
EXT P12: TRUE COPY OF THE D.O.LETTER NO.15/42/2013-OL(SERVICE)DATED
2.5.2013 ISSUED BY THE SECRETARY DEPARTMENT OF OFFICIAL
LANGUAGE, MINISTRY OF HOME AFFAIRS, AND ITS TRUE ENGLISH
TRANSLATION
AMIT RAWAL & C.S.SUDHA, JJ.
-------------------------------------------------------
W.A. Nos.114 of 2023 & 809 of 2017
----------------------------------------------------
Dated this the 6th day of February, 2024
ORDER
Amit Rawal, J.
1. During the course of the argument, it has been pointed
out that the genesis of the judgment granting benefit to the
respondent had been letter Ext.P12 dated 02.05.2013. The
contents of the letter reads thus:
"You may be aware that Department of Expenditure, Ministry
of Finance vide their Office Memorandum No.1/1/2008-IC
dated 24 February, 2008 (copy enclosed) this has been
ordered that the Designation and Scale of Pay of Official
Language Posts in subordinate offices of Govt. of India are as
same as the Cadre of CSOLS. It has come to the knowledge
of the Department of Official Language that the Order of the
Expenditure Department has not yet been implemented in all
Subordinate offices, causing displeasure among the Official
Language officials working there.
I will be highly grateful if you may please ensure the
compliance of the order of Expenditure Department regarding
parity of Designation and Scale of Pay of Official Language
cadre posts equal to the CSOLS cadre and the OL department
be Informed the action taken on this regard."
2. On perusal of the contents of the letter, it is evident that
this letter is on the basis of the Office Memorandum of Department
W.A.Nos.114 of 2023 & 809 of 2017
of Expenditure, Ministry of Finance, ordering the Designation and
Scale of pay of Official Language Posts in subordinate offices of the
Government of India to be the same as the Cadre of Central
Secretariat Official Language Service (CSOL).
3. Learned counsel for the appellants submitted that the
said letter cannot be sole ground for granting the benefit to the
respondent/petitioner.
4. We confronted the learned counsel as to the contents of
the Office Memorandum dated 24.02.2008. Counsel seeks two
weeks time to place the Office Memorandum dated 24.02.2008 on
record. We are also of the view that the appeal cannot be decided
without looking at the contents of the aforesaid Office
Memorandum.
Post this matter on 27.02.2024.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S.SUDHA
JUDGE
nak
06-02-2024 /True Copy/ Assistant Registrar
