Vinukrishnan C.R vs Kerala State Council For Science, ...
2024 Latest Caselaw 5078 Ker

Kerala High Court

Vinukrishnan C.R vs Kerala State Council For Science, ... on 15 February, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 8458 OF 2023
PETITIONER/S:

    1     VINUKRISHNAN C.R.
          AGED 49 YEARS
          S/O RADHAKRISHNAN R., OFFICE ATTENDANT,
          JNTBGRI, PALODE, KARIMANCODE P.O., PACHA,
          THIRUVANANTHAPURAM, KERALA, 695562.

          RESIDING AT THIRUVATHIRA, ELANKAVIL LANE,
          MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
          KERALA, PIN - 695011
    2     LEENAKUMARI V.
          AGED 53 YEARS
          D/O KOCHAPPAN NAIR, OFFICE ATTENDANT, JNTBGRI,
          PALODE, KARIMANCODE P.O., PACHA, THIRUVANANTHAPURAM,
          KERALA, PIN-695562

          RESIDING AT DWARIKA, CHANDRAMANGAAM, ANAD P.O.,
          NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, PIN - 695541
          BY ADVS.
          V.JAYADHAR
          HAFY PUNTHALA WILSON
          G.PRADEEP KUMAR
          V.SURESH KUMAR (HARIPAD)


RESPONDENT/S:

    1     KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
          ENVIRONMENT, SASTHRA BHAVAN, PATTOM,
          THIRUVANANTHAPURAM, KERALA., PIN - 695004
          REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT

    2     THE JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND
          RESEARCH INSTITUTE, PALODE, KARIMANCODE P.O., PACHA,
          THIRUVANANTHAPURAM, KERALA., PIN - 695562

          REPRESENTED BY ITS DIRECTOR
 W.P.(C) Nos.23613 of 2022 &
8458 of 2023                         2

     3      STATE OF KERALA, TO BE REPRESENTED BY THE
            SECRETARY TO THE GOVERNMENT OF KERALA, SCIENCE,
            TECHNOLOGY AND ENVIRONMENT DEPARTMENT (STED),
            GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
            KERALA., PIN - 695001

            BY ADVS.
            P.C.SASIDHARAN, SC, KSCSTE
            ARAVIND BABU
            SHRI.C.K.KARUNAKARAN SC FOR (TBGARI)(SC-772)

            SRI TONY AUGUSTINE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024 ALONG WITH WP(C) NO.23613 OF 2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.23613 of 2022 &
8458 of 2023                         3




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
   THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 23613 OF 2022
PETITIONER/S:

     1      MR MOHAN KUMAR A.P.
            AGED 64 YEARS
            S/O KRISHNA KURUP, MEETHALE PUTHUR HOUSE,
            PONMERI PARAMBIL P.O., VILLIAPALLY,
            KOZHIKODE DIST. - 673 542.
     2      RADHAKRISHNAN N
            AGED 60 YEARS, S/O T.K. NADARAJAN GADHA
            GURUVIHAR ROAD KADAKKAVUR P.O.
            THIRUVANANTHAPURAM, PIN - 691578
            BY ADVS.
            MANJU ANTONEY
            I.YOHANNAN


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVT.,
            DEPARTMENT OF SCIENCE AND TECHNOLOGY,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
            (KSCSTE)
            REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
            SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM,
            PIN - 695 001.

     3      THE EXECUTIVE DIRECTOR
            CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT
            (CWRDM), KUNNAMANGALAM (PO), KOZHIKODE - 673 571.
 W.P.(C) Nos.23613 of 2022 &
8458 of 2023                         4

     4       THE MEMBER SECRETARY
             KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
             (KSCSTE), SASTRA BHAVAN, PATTOM P.O.,
             THIRUVANANTHAPURAM,
             PIN - 695 001.
     5       STATE OF KERALA
             REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
             DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM,
             PIN - 695 001.


             BY ADVS.
             P.C.SASIDHARAN, SC, KSCSTE
             SRI.ANOOP P.V., SC, CWRDM




             SMT PRINCY XAVIER, GP


      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 15.02.2024, ALONG WITH WP(C) NO.8458 OF 2023
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.23613 of 2022 &
8458 of 2023                          5




                         BASANT BALAJI , J.
                     ------------------------------
                  W.P.(C) Nos.23613 of 2022 &
                            8458 of 2023
                  -----------------------------------
             Dated this the 15th day of February 2024

                              JUDGMENT

The petitioners in W.P.(C) No.8458 of 2023 are working as

Office Attendant under the Jawaharlal Nehru Tropical Botanic Garden

& Research Institute and the petitioners in W.P.(C) No.23613 of 2022

are the retired Administrative staff of the Centre for Water Resources

Development and Management (CWRDM). Both these institutions are

the member units of the Kerala State Council for Science and

Technology and Environment (the 'KSCSTE', for short). They are

aggrieved by the 9th pay revision, by which, the corresponding

revisional scale of pay was not granted to them.

2. In order to substantiate their contentions, the petitioners in

W.P.(C) No.8458 of 2023 has produced, Ext.P13, the judgment of a

learned Single Judge of this Court in W.P.(C) No.21468 of 2017, in W.P.(C) Nos.23613 of 2022 &

which, a Gardner, who was working under the Jawaharlal Nehru

Tropical Botanic Garden & Research Institute has approached this

Court challenging the anomaly in the 10th pay revision, wherein, this

Court, after hearing the parties, directed refixation of pay of the

petitioner in tune with Rule 4 of Section II of Part VII of the KSCSTE

Rules granting protection in tune with Ext.P3 order and to revise and

refix the pay accordingly and to grant all consequential benefits.

3. The learned counsel appearing for the petitioners in W.P.(C)

No.8458 of 2023 submitted that, on the basis of the aforesaid

judgment, the petitioner in that writ petition was granted the

revisional pay scale in accordance with law. He would also hand over

a copy of the pay fixation order dated 7.02.2022 of Sri. G.S.

Madhusoodanan Asari, Office Attendant, which was issued on the

basis of the judgment of this Court in Writ Appeal Nos.1340 of 2019

and 1447 of 2019. The learned counsel appearing for the petitioners

further submitted that, based on the judgment of this Court in W.P.(C)

No.21468 of 2017, the petitioners in W.P.(C) No.8458 of 2023 has W.P.(C) Nos.23613 of 2022 &

preferred Ext.P12(c) representation before the 2nd respondent

requesting rectification of the anomalies in the 9th pay revision and to

grant effect of the same in the subsequent pay revision. The learned

counsel submitted that the said representation is now pending before

the 1st respondent as the same has been forwarded by the 2nd

respondent to the 1st respondent. It is also contended that the 1st

respondent has not taken any action on Ext.P12(c) nor has not

forwarded the same to the Government for any clarification as stated

in Clause (13) of Ext.P10.

4. In that view of the matter, there will be a direction to the

1st respondent to take up Ext.P12(c) submitted by the petitioners in

W.P.(C) No.8458 of 2023 in the light of the judgment rendered by this

Court in W.P.(C) No.21468 of 2017 as well as Writ Appeal Nos.1340 of

2019 and 1447 of 2019 and pass appropriate orders after giving the

petitioners an opportunity of being heard. If the 1st respondent is of

the opinion that any clarification is required from the Government,

the same shall be forwarded to the 3rd respondent who shall look into W.P.(C) Nos.23613 of 2022 &

the matter and pass appropriate orders. If the 3 rd respondent passes

any appropriate orders, the same shall be implemented by

respondents 1 and 2.

5. As regards the petitioners in W.P.(C) No.23613 of 2022 are

concerned, they are free to file representation before the 2nd and 3rd

respondents within a period of two weeks from today. If such a

representation is filed, the same shall also disposed as stated above.

The entire exercise shall be completed within a period of six

months from the date of receipt of a copy of this judgment.

Sd/-

BASANT BALAJI , JUDGE NS W.P.(C) Nos.23613 of 2022 &

APPENDIX OF WP(C) 8458/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SECTIONAL ORDER NO.63, DATED 16-05-1995 ISSUED TO THE 1ST PETITIONER

Exhibit P1(a) TRUE COPY OF THE SECTIONAL ORDER NO.65, DATED 21-05-1996 ISSUED TO THE 2ND PETITIONER

Exhibit P2 TRUE COPY OF THE G.O.(P) NO. 82/99/STED, DATED 02-08-1999 AND RELEVANT PORTIONS OF ITS ANNEXURE (PAGES 24-25)

Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE "KSCSTE RULES", SECTION II, PART VII, RULE 4 OF THE ADMINISTRATIVE STAFF CAREER IMPROVEMENT RULES.

Exhibit P4 TRUE COPY OF ITEM NO.121 OF PAGE NO.211 OF THE VIJAYALAKSHMI COMMITTEE REPORT PERTAINING TO THE 1ST PETITIONER.

Exhibit P4(a) TRUE COPY OF THE ITEM NO.118 OF PAGE NO.207 OF THE VIJAYALAKSHMI COMMITTEE REPORT PERTAINING TO THE 2ND PETITIONER

Exhibit P5 TRUE COPY OF THE RELEVANT ANNEXURE -I (PAGE NO.102) OF THE 9TH PAY REVISION ORDER, G.O./(P) NO.85/2011/FIN, DATED 26-02-2011, SHOWING EXISTING 8TH PAY REVISION PAY SCALES AND ITS CORRESPONDING REVISED PAY SCALES IN THE 9TH PAY REVISION.

Exhibit P6 TRUE COPY OF THE ILLEGAL 9TH PAY REVISION PAY FIXATION STATEMENT OF THE 2ND RESPONDENT , NO. 182/ESTT.3/2013/JNTBGRI, DATED 02-04-2013 ISSUED TO THE 1ST PETITIONER.

W.P.(C) Nos.23613 of 2022 &

Exhibit P6(a) TRUE COPY OF THE ILLEGAL 9TH PAY REVISION PAY FIXATION STATEMENT OF THE 2ND RESPONDENT NO.181/ESTT.3/2013/JNTBGRI, DATED 19-04-2013, ISSUED TO THE 2ND PETITIONER.

Exhibit P7 TRUE COPY OF THE ANNEXURE - I OF THE 10H PAY REVISION ORDER, GO.(P) NO.7/2016/FIN, DATED 20/01/2016, SHOWING EXISTING 9TH PAY REVISION PAY SCALES AND THE CORRESPONDING REVISED PAY SCALES IN THE 10TH PAY REVISION.

Exhibit P8 TRUE COPY OF THE ANNEXURE-I OF THE 11TH PAY REVISION ORDER, G.O.(P) NO.27/2021/FIN, DATED 10-02-2021, SHOWING EXISTING 10TH PAY REVISION PAY REVISION PAY SCALES AND THE CORRESPONDING REVISED PAY SCALES IN THE 11TH PAY REVISION.

Exhibit P9 TRUE COPY OF THE ILLEGAL 10TH PAY REVISION STATEMENT ISSUED TO THE 1ST PETITIONER, VIDE 2ND RESPONDENT ORDER NO.

3537(182)/ESTT/2017/JNTBGRI, DATED 15-11- 2017.

Exhibit P9(a) TRUE COPY OF THE ILLEGAL 10TH PAY REVISION STATEMENT ISSUED TO THE 2ND PETITIONER, VIDE 2ND RESPONDENT ORDER NO.

3537(181)/ESTT/2017/JNTBGRI, DATED 15-11- 2017.

Exhibit P10 TRUE COPY OF THE 1ST RESPONDENT ORDER, NO.

16/2013/KSCSTE, DATED 21-01-2013 FOR IMPLEMENTING 9TH PAY REVISION.

Exhibit P11 TRUE COPY OF THE 3RD RESPONDENT'S 9TH PAY REVISION ORDER, G.O. (MS) NO. 01/2013/S&TD, DATED 18.01.2013.

Exhibit P12 TRUE COPY OF THE PETITIONER'S REPRESENTATION, DATED 05-11-2020 SUBMITTED TO THE 2ND RESPONDENT W.P.(C) Nos.23613 of 2022 &

Exhibit P12(a) TRUE COPY OF THE 1ST PETITIONERS REPRESENTATION DATED 03-05-2022 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit 12(b) TRUE COPY OF THE 2ND PETITIONER'S REPRESENTATION DATED 03-05-2022 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P12(c) TRUE COPY OF THE PETITIONERS' REPRESENTATION DATED 08-02-2023. SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT, IN WP (C) NO. 21468/2017, DATED 18.12.2018.

Exhibit P14             TRUE COPY OF THE GO NO.980-A4-09-S & TD
                        DATED 03-05-2010 APPROVING THE
                        VIJAYALAKSHMI COMMITTEE REPORT

RESPONDENT EXHIBITS      :

Exhibit R3 (a)          TRUE COPY OF RELEVANT PAGES OF RULES FOR

RECRUITMENT AND PROMOTION OF ADMINISTRATIVE STAFF FOR KSCSTE.

Exhibit R3 (b) TRUE COPY OF RELEVANT PAGES OF ADMINISTRATIVE STAFF CAREER IMPROVEMENT RULES.

W.P.(C) Nos.23613 of 2022 &

APPENDIX OF WP(C) 23613/2022

PETITIONER EXHIBITS :

Exhibit P1 TRUE COPY OF CWRDM PROCEEDINGS NO.E1-1023/92

(iii) DATED 01/02/1996.

Exhibit P2 TRUE COPY OF PAGE 20 OF GO(P) NO.85/2011/FIN DATED 26/11/2011.

Exhibit P3 TRUE COPY OF COUNCIL ORDER NO.16/2013/KSCSTE DATED 21/01/2013.

Exhibit P4 TRUE COPY OF CWRDM LETTER NO.CWRDM/2071/2018-E1 DATED 25/07/2019.

Exhibit P5 TRUE COPY OF CWRDM LETTERS NO CWRDM/SS1/WP(C) NO.23613/2022 DATED 14/09/2023

RESPONDENT EXHIBITS :

ExhibitR1(a) TRUE COPY OF THE PROCEEDINGS NO.E2/4376/90 DATED 16-03-1991

Exhibit R1(b) TRUE COPY OF THE GO(P)NO.82/99/STED DATED 02-08-

Exhibit R1(c) TRUE COPY OF THE LETTER NO.783/A4/12/STD DATED 20-08-2015