Indhu J vs State Of Kerala
2024 Latest Caselaw 26865 Ker

Citation : 2024 Latest Caselaw 26865 Ker
Judgement Date : 6 September, 2024

Kerala High Court

Indhu J vs State Of Kerala on 6 September, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                2024:KER:67859


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                   WP(C) NO. 40465 OF 2023

PETITIONERS:

    1      INDHU J.
           AGED 49 YEARS
           REFERENCE LIBRARIAN,
           HIGH COURT OF KERALA,
           ERNAKULAM 682031
           RESIDING AT SREE GANGA,
           35/1399, NGO, VELLATTU PADAM LANE,
           THRIKKAKKARA PO KAKKANAD,
           ERNAKULAM, PIN - 682 021.
    2      SREENIVASAN T.G
           AGED 47 YEARS
           REFERENCE LIBRARIAN,
           HIGH COURT OF KERALA,
           ERNAKULAM 682031
           RESIDING AT SREENILAYAM,
           THEKKEDATH HOUSE,
           PNRWA-231, PANDAVATH ROAD,
           MARADU P.O ERNAKULAM,
           PIN - 682 304.
    3      LAVANYA V.
           AGED 45 YEARS
           REFERENCE LIBRARIAN,
           HIGH COURT OF KERALA,
           ERNAKULAM 682031
           RESIDING AT KERA-21, MATHRUCHAYA,
           KOTHAKULANGARA, ANGAMALY,
           PIN - 683 572.

           BY ADVS.
           M.U.VIJAYALAKSHMI
           K.JAJU BABU (SR.)
           BRIJESH MOHAN
           D.SREEKUMAR (KALAMASSERY)
                                                            2024:KER:67859


WP(C) NO.40465 OF 2023


                                       2

                    T.S.ATHIRA
                    SACHIN RAMESH
                    ANUJA THOMAS


     RESPONDENTS:

         1          STATE OF KERALA
                    REPRESENTED BY CHIEF SECRETARY TO
                    GOVERNMENT OF KERALA
                    GOVERNMENT SECRETARIAT,
                    THIRUVANANTHAPURAM,
                    PIN - 695 001.
         2          THE ADDITIONAL CHIEF SECRETARY TO
                    GOVERNMENT OF KERALA
                    HOME DEPARTMENT GOVERNMENT SECRETARIAT,
                    THIRUVANANTHAPURAM,
                    PIN - 695 001.
         3          THE ADDITIONAL CHIEF SECRETARY TO
                    GOVERNMENT OF KERALA
                    FINANCE DEPARTMENT GOVERNMENT SECRETARIAT,
                    THIRUVANANTHAPURAM,
                    PIN - 695 001.
         4          THE HIGH COURT OF KERALA,
                    ERNAKULAM, KOCHI,
                    REPRESENTED BY THE REGISTRAR GENERAL,
                    PIN - 682 031.

                    SRI. HARINDRANATH B G - SC
                    SRI. AMITH KRISHNAN H.
                    SRI. V.K SUNIL - SR.GP



             THIS    WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY
     HEARD ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED
     THE FOLLOWING:
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WP(C) NO.40465 OF 2023


                                 3




                             JUDGMENT

The petitioners are the members of the

Kerala High Court Service working as Reference

Librarians. They have filed this writ petition

seeking the following reliefs:-

"(i) Declare that the Reference Librarians are entitled for the scale of pay proposed and recommended by the Hon'ble Chief Justice under article 229(2) of the Constitution of India as contained in Ext.P10 and P12 in the post of Reference Librarian with arrears of salary.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to sanction and disburse salary to the petitioners in the cadre of Reference Librarian in accordance with the scale of pay of Rs.45800 - 89000/- (Rs.63700-

123700 revised) in implementation of the proposal/recommendation of the Hon'ble Chief Justice under Article 229 of the Constitution of India as evidenced by Ext.P10, P12, P14, P16 and P17 with arrears."

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WP(C) NO.40465 OF 2023

2. During the pendency of this writ petition,

the Government have passed Ext.P19 order

rectifying the anomalies in the revision of pay of

Reference Librarian in the High Court service.

Sl.No.2 therein deals with the upgradation of scale

of pay of Reference Librarian and the decision

taken is as follows:-

"The scale of pay of the post of Reference Librarian in High Court is modified as Rs.63,700-1,23,700/-, equivalent to Deputy Librarian in Legislature Secretariat, Library in the 11th pay revision."

In the light of Ext.P19 order issued by the

Government, the grievance of the petitioners

raised in the writ petition stands redressed.

Accordingly, this writ petition is disposed of with a

direction to respondents 1 to 3 to disburse the 2024:KER:67859

WP(C) NO.40465 OF 2023

benefits arising from Ext.P19 to the petitioners, as

expeditiously as possible, at any rate, within a

period of three months from the date of receipt of

a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR 2024:KER:67859

WP(C) NO.40465 OF 2023

APPENDIX PETITIONERS EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS).NO.214/97/HOME DATED 27.08.1997. EXHIBIT P1(a) TRUE COPY OF THE GOVERNMENT ORDER GO(P).NO.85/2011/FIN DATED 26.02.2011. EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(MS).NO.257/2011/HOME DATED 18.11.2011 ALONG WITH APPENDIX II. EXHIBIT P3 TRUE COPY OF THE MODIFIED ORDER NO.

GO(MS)232/2012/(69)/FIN DATED 20.04.2012. EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(P).NO.7/2016/FIN DATED 20.01.2016 IMPLEMENTING THE RECOMMENDATION OF THE 10TH PAY REVISION COMMISSION TO LEGISLATIVE SECRETARIAT. EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(P).180/2016/HOME DATED 20.01.2016.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 12.03.2020 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY, 11TH STATE PAY REVISION COMMISSION.

EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(P).NO.27/2023/FIN DATED 10.02.2021 BASED ON RECOMMENDATION OF THE 11TH PAY REVISION COMMISSION ON REVISION OF PAY AND ALLOWANCES. EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE RECOMMENDATION SUBMITTED BY THE 11TH PAY REVISION COMMISSION REPORT IN FEBRUARY 2021.

EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(P).NO.33/2021/HOME DATED 26.03.2021.

EXHIBIT P10 TRUE COPY OF THE REQUEST FOR 2024:KER:67859

WP(C) NO.40465 OF 2023

RECTIFICATION OF ANOMALIES SUBMITTED ON 23.04.2021 VIDE NO.FW1-55000/2019/FW7 FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER NO.C2/171/2021- HOME DATED 10.05.2021 FORWARDED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P12 TRUE COPY OF THE REPLY VIDE NO.FW1- 55000/2019/FW7(1) DATED 23.07.2021 FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT ALONG WITH STATEMENT. EXHIBIT P13 TRUE COPY OF THE LETTER NO.C2/171/2021- HOME DATED 08.11.2021 FORWARDED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P14 TRUE COPY OF THE LETTER VIDE NO.FW1- 55000/2019/FW7 DATED 07.02.2022 FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE REPLY NO.C2/171/2021- HOME DATED 10.01.2023 FORWARDED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P16 TRUE COPY OF THE LETTER VIDE NO.FW1- 55000/2019/FW7 DATED 03.04.2023 FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT ALONG WITH REPORT. EXHIBIT P17 TRUE COPY OF THE REQUEST VIDE NO.HCKL/3493/2022-FW7 DATED 13.10.2023 FORWARDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 04.02.2021 IN W.P.(C).NO.25933/2017 OF THIS HON'BLE COURT.

EXHIBIT P19 TRUE COPY OF G.O.(P) NO.67/2024/HOME, DATED 1.8.2024 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL.