Kerala High Court
Siby Jose,S/O. K.J. Joseph vs State Of Kerala on 13 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 169 OF 2024 -:1:- 2024:KER:84875
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
OP(KAT) NO. 169 OF 2024
AGAINST THE ORDER DATED 27.03.2024 IN OA NO.575 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 SIBY JOSE,S/O. K.J. JOSEPH,
AGED 52 YEARS
ROOM ATTENDANT, KERALA HOUSE, JANTAR MANTAR ROAD, NEW
DELHI - 110001, RESIDING AT A-150 F3, DILSHAD COLONY,
NEW DELHI, PIN - 110095
2 SANTHOSH D.,S/O. DAMODHARAN,
AGED 43 YEARS
CHAUFFEUR, KERALA HOUSE, JANTAR MANTAR ROAD, NEW DELHI
- 110001, RESIDING AT 39 KAPURTHALA PLOT, COPER NICUS
MARG, NEW DELHI, PIN - 110001
3 ANAND SWAROOP,
AGED 49 YEARS
S/O. LATE MUNNILAL, SWEEPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001 RESIDING AT C-236/A,
EKTA VIHAR GALI NO. 4, JAITPUR EXTENSION, PART-
1,BADARPUR, DELHI, PIN - 110044
4 SUBHASH,
AGED 42 YEARS
S/O. CHARAN SINGH, KITCHEN HELPER, KERALA HOUSE, JANTAR
OP(KAT) NO. 169 OF 2024 -:2:- 2024:KER:84875
MANTAR ROAD, NEW DELHI - 110001, RESIDING AT HOUSE NO.
309, I BLOCK, SUNDER NAGARI, NEW DELHI, PIN - 110093
5 MANI C.K., S/O. KUNHAN,
AGED 46 YEARS
COOK, KERALA HOUSE, JANTAR MANTAR ROAD, NEW DELHI -
110001,RESIDING AT STAFF QUARTERS-45, KAPURTHALA PLOT,
COPER NICUS MARG, NEW DELHI, PIN - 110001
6 SANJAY KUMAR, S/O. PREMPAL,
AGED 46 YEARS
WEEPER, KERALA HOUSE, JANTAR MANTAR ROAD, NEW DELHI -
110001, RESIDING AT 40, PANDIT RAVI SHANKAR SHUKLA
LANE, CANING LANE, NEAR FIROZ SHAH ROAD, MANDI HOUSE,
NEW DELHI, PIN - 110001
7 RAJ KUMAR,
AGED 41 YEARS
S/O. LATE MADANLAL, SWEEPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001,RESIDING AT 10811/4,
10A BLOCK, 100 QTR., KAROL BAG, NEW DELHI, PIN - 110005
8 D. VINOD,
AGED 50 YEARS
S/O. LATE DURGA, SWEEPER, KERALA HOUSE, JANTAR MANTAR
ROAD, NEW DELHI -110001, RESIDING AT 577, T HUTS, HMV,
JWALAPURI, NEW DELHI, PIN - 110087
9 SUNIL J.S.,
AGED 40 YEARS
S/O. LATE JOHN SIMON, KITCHEN HELPER, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI - 110001,RESIDING AT 52,
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
0 ANTHRAYOSE ULAHANNAN,
AGED 52 YEARS
S/O. ULAHANNAN VARGHESE, ROOM ATTENDANT, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 43
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
OP(KAT) NO. 169 OF 2024 -:3:- 2024:KER:84875
11 ABHILASH S.,
AGED 46 YEARS
S/O. LATE SASIDHARAN PILLAI, BEARER, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI -110001,RESIDING AT 317-
MAIN ROAD, BURARI, NEW DELHI, PIN - 110084
12 SURESH KUMAR P.C.,
AGED 51 YEARS
S/O. CHANDRASEKARA KURUP, BEARER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001 RESIDING AT QUARTER NO.
6, 14-AKBAR ROAD, NEW DELHI, PIN - 110001
13 MANIYAN K.,
AGED 45 YEARS
S/O. LATE KUNJUKUTTY, KITCHEN HELPER, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 51
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
14 MOHANAN R.,
AGED 54 YEARS
S/O. RAMAKRISHNA PILLAI,CHAUFFER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001, RESIDING AT OB-6,
TRAVANCORE HOUSE, MADHAV RAO SCINDIA MARG, NEW DELHI,
PIN - 110001
15 ROYMON C. BABY,
AGED 47 YEARS
S/O. BABY, ROOM ATTENDANT, KERALA HOUSE, JANTAR MANTAR
ROAD, NEW DELHI - 110001,RESIDING AT FLAT NO. 5, K.H.
NO. 407, BUILDING NO. 452, SULTANPUR, NEW DELHI, PIN -
110030
16 DEEPAK,
AGED 42 YEARS
, S/O. RAM GOPAL, CHAUFFER GRADE-II, OFFICE OF THE
TOURIST INFORMATION CENTRE, KERALA HOUSE, NEW DELHI -
110001, RESIDING AT HOUSE 802, SARASWATHIPURAM, JNU,
NEW DELHI, PIN - 110067
17 RAJEEV R.,
AGED 48 YEARS
S/O. A.G. BALARAJAN, BEARER, KERALA HOUSE, JANTAR
OP(KAT) NO. 169 OF 2024 -:4:- 2024:KER:84875
MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 33
KAPURTHALA PLOT COPER NICUS MARG, NEW DELHI, PIN -
110001
18 SOORAJ,
AGED 45 YEARS
S/O. INERPAL SING, SWEEPER, KERALA HOUSE, JANTAR MANTAR
ROAD, NEW DELHI - 110001, RESIDING AT 293, GINDER
ENCLAVE, MAIN GT ROAD, SAHIBABAD, PIN - 201005
19 ANEESH KUMAR S.,
AGED 40 YEARS
S/O. SOMAN NAIR, CHAUFFER, KERALA HOUSE, JANTAR MANTAR
ROAD, NEW DELHI - 110001, RESIDING AT 47F, POCKET B/7,
MAYUR VIHAR PHASE-3, NEW DELHI, PIN - 110096
0 SUJIT KUMAR,
AGED 40 YEARS
S/O. SURENDRAN, KITCHEN HELPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001 RESIDING AT G1/438-A
1ST FLOOR, FRONT SIDE BLOCK G1, DALL MILL ROAD,UTTAM
NAGAR, WEST DEHI, NEW DELHI, PIN - 110059
21 SUNIL KUMAR P.P.,
AGED 59 YEARS
S/O. KUNJIKRISHNAN, KITCHEN HELPER, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI - 110001 RESIDING AT 36,
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
22 SURESH P.K.,
AGED 39 YEARS
S/O. P.K. KOCHUKUNJU, BEARER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 31-HAUZ
RANI, MALVIYA NAGAR NEW DELHI, PIN - 110017
23 PRAKASH P.,
AGED 32 YEARS
S/O. GOMTI PRASAD, SWEEPER, KERALA HOUSE, JANTAR MANTAR
ROAD, NEW DELHI - 110001, RESIDING AT 7/17, JANTAR
MANTAR ROAD, BEHIND JANTADAL OFFICE, NEW DELHI, PIN -
110001
OP(KAT) NO. 169 OF 2024 -:5:- 2024:KER:84875
24 AMAR KUMAR,
AGED 43 YEARS
S/O. LATE PURAM CHAND, SWEEPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001 RESIDING AT D-258,
SEEMAPURI, NEW DELHI, PIN - 110095
25 RANSAN P.P.,
AGED 45 YEARS
S/O. LATE ANDI P., KITCHEN HELPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001 RESIDING AT KAPURTHALA
PLOT, COPER NICUS MARG, NEW DELHI, PIN - 110001
26 HEERA SINGH MEHRA,
AGED 36 YEARS
S/O. LATE HIMMAT SINGH MEHRA, KITCHEN HELPER, KERALA
HOUSE, JANTAR MANTAR ROAD, NEW DELHI - 110001, RESIDING
AT MANTOLI, RAJAGAR POST, PITHORAGARH DISTRICT,
UTTARAKHAND, PIN - 262534
27 MAHESH,
AGED 43 YEARS
S/O. JAYAPRAKASH,KITCHEN HELPER, KERALA HOUSE, JANTAR
MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 51
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
28 MANOJ KUMAR,
AGED 42 YEARS
S/O. LATE FAKIRCHAND, KITCHEN HELPER, KERALA HOUSE,
JANTAR MANTAR ROAD, NEW DELHI - 110001, RESIDING AT 48
KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI, PIN -
110001
29 C. BALAKRISHNAN,
AGED 48 YEARS
S/O. K. UNNIKRISHNAN, DRIVER TO OFFICE OF THE RESIDENT
COMMISSIONER, KERALA HOUSE, JANTAR MANTAR ROAD, NEW
DELHI - 110001 RESIDING AT OB-3, TRAVANCORE HOUSE,
MADHAVRAO SINDHIYA MARG, NEW DELHI, PIN - 110001
0 SHAJI ABRAHAM,
AGED 53 YEARS
S/O. K.V. ABRAHAM, BEARER, KERALA HOUSE, JANTAR MANTAR
OP(KAT) NO. 169 OF 2024 -:6:- 2024:KER:84875
ROAD, NEW DELHI - 110001, RESIDING AT 399, 3RD FLOOR,
SUNLIGHT COLONY 2, HARI NAGAR ASHRAM, NEW DELHI, PIN -
110004
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL
ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE RESIDENT COMMISSIONER,
GOVERNMENT OF KERALA, KERALA HOUSE, JANTAR MANDIR ROAD,
NEW DELHI, PIN - 110001
4 CONTROLLER,
KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI, PIN -
110001
BY SENIOR GOVERNMENT PLEADER, SHRI ANTONY MUKKATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 169 OF 2024 -:7:- 2024:KER:84875
JUDGMENT
Dated this the 13th day of November, 2024
A.Muhamed Mustaque, J.
This original petition was filed by the applicants before the
Tribunal. They are last grade and contingent employees working in
Kerala House, New Delhi.
2. The petitioners approached the Tribunal in
O.A.No.575/2024 challenging an order of the Government dated
20/3/2024. By the said Government Order it was ordered that the
petitioners who were receiving scale of pay would only be entitled
to a consolidated pay as that of contract employees for a period of
one year and further that, their contract can be extended only with
the permission of the Government dated 20/3/2024. They had also
sought for an interim order seeking a stay of operation of the
Government Order. In essence, the petitioners were seeking stay
of the Government Order to the effect of reduction of the monetary
benefits which they were enjoying till the above Government Order
OP(KAT) NO. 169 OF 2024 -:8:- 2024:KER:84875
was issued. Tribunal did not grant any stay but deferred the matter
to get instructions on the outcome of the representation filed by the
petitioners.
3. When the matter came up for admission on
25/4/2024, this Court passed the following order:
The learned Government Pleader takes notice for the
respondents.
2. The learned Government Pleader shall get instructions as to
the further action taken on the request for regularisation submitted
by the petitioners.
3. Insofar as the petitioners are being paid pay/salary without
reduction in spite of Annexure-A3 order and Annexure-A5 judgment,
the same pay/salary shall be continued till the next posting date.
This order is still in force.
4. The petitioners were initially appointed in last grade
service in Kerala House in New Delhi two decades ago on contract
basis. Considering the length of service, the Government, by order
dated 19/9/2015, regularised them. The Government, thereafter,
OP(KAT) NO. 169 OF 2024 -:9:- 2024:KER:84875
by another order, dated 25/2/2017, cancelled the regularisation
and ordered that their service would continue on contract basis.
This was questioned by the petitioners in O.A.No.397/2017 before
the Kerala Administrative Tribunal. The Tribunal allowed the
original application and quashed cancellation of regularisation.
Challenging the above order, the State filed O.P.KAT 277/2019. The
original petition filed by the State was allowed affirming the
Government Order cancelling regularisation. This Court, while
ordering so, held that no recovery shall be effected from the
petitioners, obviously for the period covered by the litigation, as
there has been a change in the nature of their employment to a
contractual basis. It is thereafter, the Government passed the order
impugned before the Tribunal.
5. Going by the statement filed in this matter
pursuant to the direction of this Court, it is found that there is a
huge disparity in the monthly salary payable to the petitioners. No
doubt, the petitioners cannot claim at par with the regular
OP(KAT) NO. 169 OF 2024 -:10:- 2024:KER:84875
employees as they are now continuing on contract basis. However,
we see that no application of mind was made by the Government as
to the nature of responsibilities and duties discharged by the
petitioners while ordering that they will be entitled for remuneration
as contract employees. It is also emphasised here that they are
working at New Delhi and cannot be treated at par with contract
employees engaged in the State of Kerala. The Government will
have to address as to the pay to which they are entitled considering
geographical location and also considering the fact that they were
drawing higher pay while they were working as regular employee.
The Government will have to address the issue highlighted by the
petitioners in the light of the various judgments of the Apex Court
in Home Guards Welfare Assn. v. State of H.P. and others
[(2015) 6 SCC 247] and State of Punjab and others v. Jagjit
Singh and others [(2017) 1 SCC 148], where the Apex Court had
enunciated the principles of equal pay for equal work. Therefore,
we are of the view that the Government will have to take a decision
in regard to the pay after adverting to nature of job responsibilities,
OP(KAT) NO. 169 OF 2024 -:11:- 2024:KER:84875
geographical location and also in the light of the principles
enunciated by the Apex Court in the above judgments. The
Government shall take a decision in this matter within three
months. In the light of the above, the interim order shall continue
till a further decision is taken by the Tribunal. It is open for the
Tribunal to take a fresh decision in this matter based on the
decision to be taken by the Government.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
ms
OP(KAT) NO. 169 OF 2024 -:12:- 2024:KER:84875
APPENDIX OF OP(KAT) 169/2024
PETITIONER ANNEXURES
Annexure -A1 TRUE COPY OF THE ORDER G.O. (MS)NO.
241/2015/GAD DATED 19-09-2015 ISSUED BY THE
2ND RESPONDENT
Annexure -A2 TRUE COPY OF THE LETTER NO. 2277/C1/15/KH
DATED 23-09-2015 ISSUED BY THE 4TH RESPONDENT
Annexure -A3 TRUE COPY OF THE ORDER G.O. (MS)NO. 49/17/GAD
DATED 25-02-2017 ISSUED BY THE 2ND RESPONDENT
Annexure -A4 TRUE COPY OF THE ORDER DATED 10-04-2019 IN
O.A.NO. 397/2017 PASSED BY THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL
Annexure -A5 TRUE COPY OF THE JUDGMENT DATED 27-09-2022 IN
O.P. (KAT)NO. 277/2019 OF THIS HON'BLE COURT
Annexure -A6 TRUE COPY OF THE REPRESENTATION DATED 29-10-
2022 FILED BY THE APPLICANTS ON THE BASIS OF
ANNEXURE-A5 JUDGMENT
Annexure -A7 TRUE COPY OF THE REPLY NO. 158/POL.4/2022/GAD
DATED 23-12-2022 GIVEN BY THE 1ST RESPONDENT
Annexure -A8 TRUE COPY OF THE DETAILS OF DAILY WAGED
EMPLOYEES IN VARIOUS OFFICES UNDER RESIDENT
COMMISSIONER, KERALA HOUSE, NEW DELHI AS ON
30-06-2014 PUBLISHED BY THE 4TH RESPONDENT
Annexure -A9 TRUE COPY OF THE ORDER NO. POL-4/158/2022-GAD
DATED 20-03-2024 ISSUED BY THE 2ND RESPONDENT
(ALONG WITH M.A. FOR JOINING TOGETHER)
Exhibit -P1 TRUE COPY OF THE O.A.NO. 575/2024 FILED BY
THE PETITIONERS BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
DATED 25-03-2024
OP(KAT) NO. 169 OF 2024 -:13:- 2024:KER:84875
Exhibit -P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM DATED 27-03-2024 IN O.A.
Exhibit -P3 TRUE COPY OF THE PAY SLIP ISSUED TO THE 2ND
PETITIONER DATED 2-4-2024
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the statement showing the
details of the salary paid to the petitioners
before regularisation and after
regularisation
Exhibit R1(b) True copy of the statement showing the period
of service,existing pay and contract pay of
each petitioners
