Kerala High Court
Kerala Retired Judges Association vs State Of Kerala on 18 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:86791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
WP(C) NO. 24004 OF 2022
PETITIONERS:
1 KERALA JUDICIAL OFFICERS' ASSOCIATION
DISTRICT COURT ANNEX, KALOOR, ERNAKULAM- 682 017,
REPRESENTED BY ITS SECRETARY.
2 RANJITH KRISHNAN N.
AGED 45 YEARS
S/O. NARAYANAN, SECRETARY,
DISTRICT LEGAL SERVICES AUTHORITY,
ERNAKULAM, RESIDING AT 'LAKSHMI KRIPA',
MOOKAMBIKA ROAD, NORTH PARAVOOR,
ERNAKULAM - 683 513.
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE HIGH COURT OF KERALA,
KOCHI -682 031, REPRESENTED BY THE REGISTRAR
GENERAL.
3 THE PRINCIPAL ACCOUNTANT GENERAL (A&E)
KERALA, THIRUVANANTHAPURAM - 695 001.
WP(C) Nos.24004/2022
& 42971/2023
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4 ADDL.R4 - THE ADDL. CHIEF SECRETARY,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001. IMPLEADED IN THE
PARTY ARRAY AS PER THE ORDER DATED 28/10/2022 IN
I.A.NO.2/2022 IN WP(C) NO. 24004/2022.
5 ADDL.R5 - THE MANAGER (SPARK),
SPARK PROJECT MANAGEMENT UNIT, DPC BUILDING (1ST
FLOOR), KERALA UNIVERSITY SENATE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM - 695034. IMPLEADED IN THE
PARTY ARRAY AS PER THE ORDER DATED 28/10/2022 IN
I.A. NO.2/2022 IN WP(C) NO. 24004/2022.
BY ADVS.
GOVERNMENT PLEADER
V.A.MUHAMMED
P.K.BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.11.2024, ALONG WITH WP(C).42971/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24004/2022
& 42971/2023
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2024:KER:86791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
WP(C) NO. 42971 OF 2023
PETITIONERS:
1 KERALA RETIRED JUDGES ASSOCIATION
AGED 70 YEARS
REG. NO. ER 747/08, 8A, KUMARAN ASAN NAGAR,
KADAVANTHRA P. O. KOCHI, ERNAKULAM- 682020
REPRESENTED BY ITS SECRETARY GENERAL SUNDARAM
GOVIND (FORMER DISTRICT JUDGE) AGED 70 YEARS, S/O
(LATE) DR. V SUNDARAM NAIR, MANU MAYA, EAST
KADUGALLOOR, ALUVA, ERNAKULAM, PIN - 683102
2 CHERIAN VARGHESE
AGED 70 YEARS
(RETIRED CHIEF JUDICIAL MAGISTRATE) ADATTE MADOM,
THURUTHICADE P.O., MALLAPPALLY, PATHANAMTHITTA
DISTRICT, PIN - 689597
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
AMAL AMIR ALI
MANU SANKAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT
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THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF FINANCE GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
3 ACCOUNTANT GENERAL
INDIAN AUDIT AND ACCOUNTS DEPARTMENT OFFICE OF
THE ACCOUNTANT GENERAL (A&E) M G ROAD, PB NO
5607, THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTOR OF TREASURIES
TREASURY DIRECTORATE, PATTOM PALACE PO,
THIRUVANANTHAPURAM, PIN - 695004
5 HIGH COURT OF KERALA
REPRESENTED BY ITS REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
6 CHIEF SECRETARY
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
GOVERNMENT PLEADER
V.A MUHAMMED
P.K.BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.11.2024, ALONG WITH WP(C).24004/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24004/2022
& 42971/2023
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JUDGMENT
These writ petitions are filed by the Kerala Judicial
Officers Association and the Kerala Retired Judges
Association, respectively aggrieved by the delay in
disbursement of dearness allowance/dearness relief for
Judicial Officers and Retired Judicial Officers, respectively.
2. As per clause 44.14 of the judgment in Writ
Petition (Civil) No.643/2015 (All India Judges
Association v. Union of India and Ors), the Hon'ble
Supreme Court accepted the recommendation of the
Second National Judicial Pay Commission (SNJPC) as
follows;
"The present practice of sanction of DA at the rates
prescribed by Central Government from time to time
shall continue. The Hon'ble Supreme Court may issue
directions that the benefit of revised DA in conformity
with the orders issued by the Central Government from
time to time shall be paid to the Judicial officers
without delay, and in any case, not later than 3 months
from the date of issuance of the order by the Central
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Government. The benefit of revised rates of DA shall
accrue from the effective date as specified in the Order
issued by Central Government in this behalf."
3. In clause 7 of the previous Government Order
viz; GO(Ms). No.66/2024/Home dated 04.03.2024 dealing
with allowance of Judicial Officers, there were certain
anomalies. The Registrar of this Court requested the
Government to issue necessary clarifications and
rectifications of anomalies in the said Government Order
in the light of the Hon'ble Supreme Court's direction in
All India Judges Association (Supra). Accordingly, the
Government have issued GO(MS).No.197/2024/Home
dated 20.08.2024. The relevant portion of the said G.O.
reads as follows:
Name of Provision in Anomalies/ Decision
Allowance G.O(MS) Clarification
No.66/2024/ pointed out by the
Home dated Registrar
04.03.2024
Dearness Separate order By the judgment Agreed to
Allowance will be issued dated 19.05.2023 in modify Clause 7
later at par All India Judges as "the benefit
with the Association v. Union of revised DA in
officials in the of India & Ors.(in conformity with
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affairs of State clause 44.14 at the orders
Govt. drawing paragraph 83) the issued by
DA as per the Hon'ble Supreme Central Govt
orders of Court had accepted from time to
Central Govt. the recommendation time shall be
of the SNJPC that paid to the
the present practice Judicial Officers
of sanction of DA at in the State of
the rates prescribed Kerala without
by Central delay, and in
Government from any case, not
time to time shall later than three
continue. The months from the
Hon'ble Supreme date of issuance
Court may issue of the order by
directions that the the Central
benefit of revised Govt."
DA in conformity
with the orders
issued by the
Central Government
from time to time
shall be paid to the
Judicial officers
without delay, and
in any case, not
later than 3 months
from the date of
issuance of the
order by the Central
Government. The
benefit of revised
rates of DA shall
accrue from the
effective date as
specified in the
Order issued by
Central Government
in this behalf. But,
as per clause 7 in
the Government
Order "separate
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order will be issued
later at par with the
officials in the
affairs of State
Government
drawing DA as per
the orders of
Central
Government" The
Apex Court never
said that DA/DR
shall be at par with
the officials in the
affairs of State
Government
drawing DA as per
the orders of
Central
Government. Hence,
the clause is
contradictory to the
directions in the
judgment.
As per GO(MS).No.197/2024/Home dated
20.08.2024, which is in conformity with the directions of
the Hon'ble Supreme Court in All India Judges
Association (Supra), the benefit of revised DA in
conformity with the orders issued by the Central
Government from time to time shall be paid to Judicial
Officers in the State of Kerala without delay, and in any
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case, not later than three months from the date of issuance
of the order by the Central Government. The said modified
order has redressed the grievance of the petitioners who
are retired as well as serving Judicial Officers in the State
in the matter of disbursement of dearness
allowance/dearness relief. It is also submitted that the
arrears of dearness allowance/dearness relief due to the
petitioners have already been paid. Therefore, nothing
further survives to be considered in the writ petitions.
Accordingly, recording the clarification/rectification of the
anomalies brought out by GO(MS). No.197/2024/Home
dated 20.08.2024, these writ petitions are closed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
HKH/18.11.2024
& 42971/2023
2024:KER:86791
APPENDIX OF WP(C) 42971/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GO(MS) NO. 186/2005/
HOME DATED 29-06-2005
EXHIBIT P2 TRUE COPY OF THE GO (MS) NO.
59/2006/HOME DATED 28-04-2006
EXHIBIT P3 TRUE COPY OF THE INSTRUCTION ISSUED BY
THE 3RD RESPONDENT BEARING NO.
GE/B/JUDICIAL OFFICERS/19 DATED 08-04-
EXHIBIT P4 TRUE COPY OF GO (MS) NO. 236/ 2010/
HOME DATED 02-11-2010
EXHIBIT P5 TRUE COPY OF THE GO (MS) NO.
55/2011/HOME DATED 24-02-2011
EXHIBIT P6 TRUE COPY OF THE GO(P) NO. 25/2021/FIN
DATED 08-02-2021
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION BEARING
NO. 2165709/PRU 2/30/2022/FIN DATED 23-
08-2022 ISSUED BY THE 2ND RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE OM BEARING NO.
1/3(1)/2008-EII(B) DATED 12-10-2022
ISSUED BY THE GOVERNMENT OF INDIA
EXHIBIT P9 TRUE COPY OF GO(P) NO.50/2023/FIN DT.
17-05-2023
EXHIBIT P10 TRUE COPY OF GO (MS) NO. 109/2023/FIN
DATED 16-07-2023
EXHIBIT P11 TRUE COPY OF THE OM BEARING NO.
42/04/2023 – P&PW(D) DATED 06-04-
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EXHIBIT P12 TRUE COPY OF OM BEARING NO. 42/04/2023-
P&PW(D) DATED 27-10-2023
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED
26-07-2023 SUBMITTED BY THE PRESIDENT
OF 1ST PETITIONER BEFORE THE 6TH
RESPONDENT
EXHIBIT P13(A) TRUE COPY OF THE COMMUNICATION BEARING
NO. PEN-B5/36/2003-FIN (E2453517) DATED
05-12-2023
EXHIBIT P13(B) TRUE COPY OF THE COMMUNICATION BEARING
NO. TRY/1255/102676/2022-P2 DATED 20-
01-2022 ISSUED TO 2ND PETITIONER
EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER DATED
12-08-2022 IN WPC NO. 24004 OF 2022 OF
THIS HON'BLE COURT
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 21-12-2022
IN CCC NO. 1812 OF 2022 IN WPC 24004 OF
2022 OF THIS HON'BLE COURT
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APPENDIX OF WP(C) 24004/2022
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE GOVERNMENT ORDER
GO(MS).NO.59/2006/HOME DATED 28.04.2006
ALONG WITH TYPED COPY.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER
GO(MS). NO. 179/2010/HOME DATED
05.10.2010.
EXHIBIT P3 TRUE COPY OF THE MEMORANDUM VIDE
NO.1/1/2020/E-II(B) DATED 23.04.2020 OF
THE GOVERNMENT OF INDIA, MINISTRY OF
FINANCE, DEPARTMENT OF EXPENDITURE.
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER
GO(P).NO.53/2020/FIN DATED 30.04.2020.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR
NO.43/2020/FIN. DATED 03.08.2020 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE GO(P). NO. 25/2021/FIN
DATED 08.02.2021.
EXHIBIT P7 TRUE COPY OF THE OFFICE MEMORANDUM VIDE
NO.1/3(1)/2008-E.II(B) DATED 13.08.2021
OF THE GOVERNMENT OF INDIA, MINISTRY OF
FINANCE, DEPARTMENT OF EXPENDITURE.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.GE-01/E/AJ/
DATED 25.08.2021 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P9 TRUE OF COPY THE OFFICE MEMORANDUM VIDE
NO.1/3(1)/2008-E.II(B) DATED 07.04.2022
OF THE GOVERNMENT OF INDIA, MINISTRY OF
FINANCE, DEPARTMENT OF EXPENDITURE.
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EXHIBIT P10 TRUE COPY OF THE LETTER
NO.GE-01/E/AJ/24 DATED 13.04.2022
ISSUED BY THE 3RD RESPONDENT ALONG WITH
TYPED COPY.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
20.06.2022 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE PAY SLIP DATED
02.06.2022 ISSUED BY THE 3RD RESPONDENT
IN FAVOUR OF SRI. RAKESH M.G., JUDICIAL
FIRST CLASS MAGISTRATE.
EXHIBIT P13 TRUE COPY OF THE EMAIL COMMUNICATION
DATED 17.06.2022 FROM THE SPARK ALONG
WITH TYPED COPY.
EXHIBIT P14 TRUE COPY OF THE PAY SLIP DATED
21.06.2022 ISSUED BY THE 3RD RESPONDENT
IN FAVOUR OF SRI. RAKESH M.G., JUDICIAL
FIRST CLASS MAGISTRATE.
RESPONDENT EXHIBITS
EXHIBIT R1(A): TRUE COPY OF GO(P)NO.25/2021/FIN DATED
08/02/2021
PETITIONER EXHIBITS
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION
NO.2165709/PRU.2/30/2022/FIN DATED
23.08.2022 OF THE ADDL. CHIEF
SECRETARY, FINANCE FORWARDED TO THE
TREASURY DIRECTOR.
EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER VIDE
GO(P).NO.122/2022/FIN DATED 07.10.2022.
EXHIBIT P17 TRUE COPY OF THE OFFICE MEMORANDUM
NO.1/3(3)/2008- E.II(B) DATED
12.10.2022 FORWARDED BY THE GOVERNMENT
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OF INDIA.
EXHIBIT P18 COPY OF THE GOVERNMENT ORDER
GO(P).NO.134/2022/FIN DATED 02.11.2022
EXHIBIT P19 COPY OF THE GOVERNMENT ORDER
GO(RT).NO.1214/2022/LAW DATED
03.11.2022 ALONG WITH TYPED COPY.
EXHIBIT P20 TRUE COPY OF THE GOVERNMENT ORDER
GO(P).NO.2/2023/FIN DATED 04.01.2023
EXHIBIT P21 TRUE COPY OF THE PRESS RELEASE BY THE
GOVERNMENT OF INDIA POSTED ON
24.03.2023 APPROVING THE RELEASE OF
ADDITIONAL INSTALLMENT OF DA TO CENTRAL
GOVERNMENT EMPLOYEES AND DEARNESS
RELIEF TO PENSIONERS, DUE FROM
1.1.2023.
EXHIBIT P22 TRUE COPY OF THE GOVERNMENT ORDER
GO(RT).NO.1068/2023/HOME DATED
24.04.2023
EXHIBIT P23 TRUE COPY OF THE GOVERNMENT ORDER
GO(P).NO.47/2023/FIN DATED 10.05.2023
EXHIBIT P24 TRUE COPY OF THE OFFICE MEMORANDUM
NO.1/4/2023-E-II (B) DATED 20.10.2023
OF THE GOVERNMENT OF INDIA.
