Kerala High Court
Aneesh Raj vs State Of Kerala on 5 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT)No.175 of 2024 1 2025:KER:9147
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 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
OP(KAT) NO. 175 OF 2024
AGAINST THE ORDER DATED 01.02.2024 IN OA NO.1186 OF 2022 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANT IN OA:
1 ANEESH RAJ, AGED 39 YEARS
S/O RAJAN, VILLAGE FIELD ASSISTANT (VFA),
VILLAGE OFFICE UDUMBANNOOR,
THODUPUZHA TALUK,,
IDUKKI RESIDING AT ALACKATHAZHA HOUSE,
KARIMKUNNAM P.O., NELLAPPARA,
IDUKKI-, PIN - 685586
2 AJMAL KHAN, AGED 39 YEARS
S/O ABDUL LATHEEF,VILLAGE FIELD ASSISTANT (VFA),
VILLAGE OFFICE KARIKODU,
THODUPUZHA TALUK,
IDUKKI- 685585, RESIDING AT CHERIYADATHU HOUSE,
KEERIKODU, THODUPIZHA EAST P.O.,
IDUKKI-, PIN - 685585
3 SADIKH K.I, AGED 41 YEARS
S/O ISMAIL.K.I, VILLAGE FIELD ASSISTANT (VFA),
VILLAGE OFFICE KARIMANNOOR,
THODUPUZHA TALUK,
IDUKKI - 685585, RESIDING AT KUTTIYANACKAL HOUSE,
KUNNAM, MUTHALAKKOAM,
IDUKKI, PIN - 685605
4 SURESH P K, AGED 45 YEARS
S/O KRISHNAN.P.GVILLAGE FIELD ASSISTANT (VFA),
VILLAGE OFFICE KODIKKULAM,THODUPUZHA TALUK,,
IDUKKI- 685581,
RESIDING AT PAZHOOR HOUSE,
OP(KAT)No.175 of 2024 2 2025:KER:9147
NEYYASSERY P.O.,THODUPUZHA,
IDUKKI, PIN - 685581
BY ADVS.
JIJUMON H.
ARSHA SATHEESAN
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 PAY ANOMALY RECTIFICATION CELL,
DEPARTMENT OF FINANCE,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, FINANCE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR,
COLLECTORATE, IDUKKI, PIN - 685603
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No.175 of 2024 3 2025:KER:9147
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
---------------------------------------------------------
OP(KAT)No.175 of 2024
----------------------------------------------
Dated this the 5th day of February, 2025
JUDGMENT
A.Muhamed Mustaque.J
The petitioners are working as Village Field Assistants under
the Revenue Department. The Pay Commission recommended their
scale of pay at the rate of 24400-55200. However, while accepting the
recommendation, the Government decided to fix it at a lower scale,
23700-52600. The petitioners pointing out anomaly, have approached
the Government. This was considered by the Anomaly Rectification
Cell. By a detailed order, as Annexure A1, the Anomaly Rectification
Cell rejected the request of the petitioners, stating that in all other
departments, the pay scale was fixed for similarly placed cadre at the
above rate. This was questioned before the Tribunal. The Tribunal,
after adverting to various judgments of the Apex Court, came to a
conclusion that no legitimate rights of the petitioners were affected as
the Pay Commission's report only recommended that such matter
cannot be directed to be implemented as such. The learned counsel for
the petitioners would submit that the Pay Commission's report,
though, cannot be accepted as such; there must be a cogent, relevant
consideration for not accepting the Pay Commission's recommendation.
OP(KAT)No.175 of 2024 4 2025:KER:9147
It is submitted that the Field Assistants' duties and responsibilities
have undergone sheer change after their induction, and therefore, the
Pay Commission's recommendation was commensurate with the
change of duties and responsibilities.
The fixation of the scale of pay is in the domain of the
executive. The court cannot enter into the domain of the executive to
fix the scale of pay; detailed reasons have been assigned by anomaly
cell while rejecting the petitioner's representation to fix the scale of
pay based on the recommendation of the Pay Commission. It is
pointed out that except in health department, in all other
departments, the scale of pay is same for the similarly placed
employees. It is further stated that it was taking note of the
responsibilities and duties, the scale of pay was fixed as above. This
Court cannot interfere with this matter as it purely falls within the
policy of the Government.
The Original Petition fails and is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk/5.02.
OP(KAT)No.175 of 2024 5 2025:KER:9147
APPENDIX OF OP(KAT) 175/2024
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 A TRUE COPY OF G.O(RT)NO.3372/2022/FIN DATED
5.5.2022 ISSUED BY THE 2ND RESPONDENT.
ANNEXUREA 2 A TRUE COPY OF G.O(MS) NO. 213/2015/R.D DATED
27.05.2015.
ANNEXURE A3 A TRUE COPY OF G.O(MS) NO. 288/2015/R.D DATED
30.6.2015.
ANNEXURE A4 A TRUE COPY OF G.O (MS) NO. 538/2016/RD DATED
14.10.2016.
ANNEXURE A5 A TRUE COPY OF THE RELEVANT PAGES OF G.O(P)
NO. 85/2011/FIN. DATED 26.2.2011 ALONG WITH
RELEVANT PAGES OF ANNEXE XII- SCHEDULE OF
POSTS AND SCALE OF PAY.
ANNEXUREA 6 A TRUE COPY OF G.O.(MS)NO.09/2014/(183)/FIN
DATED 7.1.2014.
ANNEXURE A7 A TRUE COPY OF THE RELEVANT PAGES OF REPORT
OF THE XI PAY REVISION COMMISSION, KERALA
ALONG WITH CATEGORIES OF POSTS WITH THE
EXISTING AND PROPOSED SCALE OF PAYS OF LAND
REVENUE DEPARTMENT.
ANNEXURE A8 A TRUE COPY OF THE RELEVANT PAGES OF G.O.
(P)NO. 27/2021/FIN DATED 10.2.21 ALONG WITH
CATEGORIES OF POSTS WITH EXISTING & REVISED
SCALES OF PAY IN LAND REVENUE DEPARTMENT
CATEGORIES OF POSTS WITH EXISTING & REVISED
SCALES OF PAY IN LAND REVENUE DEPARTMENT.
ANNEXUREA 9 A TRUE COPY OF THE RELEVANT PAGES OF XI PAY
REVISION COMMISSION IMPLEMENTING ORDER FOR
JUDICIARY (SUBORDINATE) SHOWING CATEGORIES OF
POSTS WITH EXISTING & REVISED SCALES OF PAY.
ANNEXURE A10 A TRUE COPY OF THE RELEVANT PAGES OF XI PAY
REVISION COMMISSION IMPLEMENTING ORDER FOR
HEALTH SERVICES SHOWING CATEGORIES OF POSTS
WITH EXISTING & REVISED SCALES OF PAY.
ANNEXURE A11 A TRUE COPY OF TAX RECEIPT
OP(KAT)No.175 of 2024 6 2025:KER:9147
NO.KL06041109451/2021 DATED 28/12/21 OF
UDUMBANOOR VILLAGE ISSUED BY THE 1ST
APPLICANT.
ANNEXURE A12 A TRUE COPY OF TAX RECEIPT NO.1759728 DATED
24.1.2022 OF KARIKODU VILLAGE ISSUED BY THE
2ND APPLICANT.
ANNEXUREA 13 A TRUE COPY OF TAX RECEIPT NO.
KL06040408295/2021 DATED 30.12.2021 OF
KARIMANNOR VILLAGE ISSUED BY THE 3RD
APPLICANT
ANNEXURE A14 A TRUE COPY OF THE PROCEEDINGS OF THE ERNAD
TAHSILDAR DATED .9.2019.
ANNEXURE A15 A TRUE COPY OF THE PROCEEDINGS OF THE ERO
& TAHSILDAR,MUVATTUPUZHA 6.3.2019
ANNEXURE A16 A TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT ELECTION OFFICER & DISTRICT
COLLECTOR, KOTTAYAM DATED 9.2.2021
ANNEXUREA 17 A TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY
COLLECTOR(GENERAL), ERNAKULAM DATED 6.4.2020.
ANNEXURE A18 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANTS BEFORE THE 2ND RESPONDENT
DATED 31.12.2021.
ANNEXURE A19 A TRUE COPY OF ORDER IN ORIGINAL APPLICATION
NO. 267/2022 DATED 18.2.2022.
ANNEXURE A20 A TRUE COPY OF G.O.(MS)NO.134/2022/LSGD DATED
25.6.2022.
ANNEXURE A21 A TRUE COPY OF RELEVANT PAGES OF NOTIFICATION
INVITING APPLICATIONS FOR THE POST OF VILLAGE
FIELD ASSISTANT - CATEGORY NO: 123/2017-
PUBLISHED IN THE EXTRAORDINARY GAZETTE DATED
30.5.2017.
ANNEXURE A22 A TRUE COPY OF RELEVANT PAGES OF NOTIFICATION
INVITING APPLICATIONS FOR THE POST OF CLERK
(SR FOR SC/ST) - CATEGORY NO: 145/2021 -
PUBLISHED IN THE EXTRAORDINARY GAZETTE DATED
30.4.2021.
OP(KAT)No.175 of 2024 7 2025:KER:9147
ANNEXURE A23 A TRUE COPY OF G.O(RT) NO.4895/2022/FIN DATED
05.07.2022.
ANNEXURE A24 A TRUE COPY OF RELEVANT PAGES OF KERALA LAND
REVENUE MANUAL VOL-VI.
ANNEXURE A25 A TRUE COPY OF RELEVANT PAGES OF KERALA PSC
VILLAGE FIELD ASSISTANT SYLLABUS 2021.
ANNEXURE A26 THE TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT OF THE 9TH PAY REVISION COMMISSION.
ANNEXURE A27 THE TRUE COPY OF THE RELEVANT PAGES OF REPORT
OF THE 11TH PAY REVISION COMMISSION.
ANNEXURE A28 THE TRUE COPY OF THE RELEVANT PAGES OF
GOVERNMENT ORDER ON THE RECOMMENDATIONS OF
THE 11TH PAY REVISION COMMISSION ON REVISION
OF PAY AND ALLOWANCES OF STATE GOVERNMENT
EMPLOYEES AND TEACHERS (G.O.
(P)NO.27/2021/FIN) DATED 10.02.2021.
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION (OA NO.
1186/2022) FILED BY THE PETITIONER BEFORE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, TVPM.
EXHIBIT P2 REPLY STATEMENT FILED ON BEHALF OF THE SECOND
RESPONDENT IN O.A. 1186/2022.
EXHIBIT P3 REJOINDER FILED BY THE APPLICANTS IN O.A.
EXHIBIT P4 CERTIFIED COPY OF THE JUDGMENT DATED
01.02.2024 IN O.A. 1186/2022. OF LEARNED
KERALA ADMINISTRATIVE TRIBUNAL ,
THIRUVANANTHAPURAM
