Kerala High Court
The State Of Kerala, Represented vs Smt. A Saraswathi Devi on 9 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.448 of 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
OP(KAT) NO. 448 OF 2024
AGAINST THE ORDER DATED 15.03.2023 IN OA (EKM) NO.562
OF 2016 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM).
PETITIONERS/RESPONDENTS IN OA :
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
3 THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE
ACCOUNTANT GENERAL (A & E), M G ROAD,
THIRUVANANTHAPURAM, PIN - 695 039.
BY SENIOR GOVERNMENT PLEADER SRI.ANTONY MUKKATH.
OP(KAT) No.448 of 2024 2
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RESPONDENT/APPLICANT IN OA :
SMT.A SARASWATHI DEVI,
TAHSILDAR (RTD), SARASWATHI MANDIRAM,
SOUTH NALUVAZHY, NORTH PARAVUR,
PIN - 683 513.
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.ASTRID STEREENA MATHEW
SHRI.B.RAVISANKAR.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 09.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) No.448 of 2024 3
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A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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OP (KAT) No.448 of 2024
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Dated this the 9th day of June, 2025.
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The State has come up with this Original Petition
apparently apprehending contempt action alleging non-compliance
of the judgment in OA(EKM) No.562 of 2016. There is not much
dispute with regard to the direction originally given by the
judgment of the Tribunal dated 15-03-2023. Ext.P5 has been
passed in compliance with the direction. The issue was in regard to
the pay fixation of the respondent, who retired from the service as
Tahsildar. Originally, the pay fixed for her was Rs.2,390/-.
Thereafter, pursuant to the direction of the Tribunal, it was re-fixed
and a pay slip was issued. Pay and allowances were Rs.3,738/-,
Rs.3,929/- and Rs.3,734/- as on 1-12-1990, 1-1-1991, and
2-5-1991.
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2. The Tribunal issued a direction to the Official
respondents to appear in person for the reason that there is no
explanation regarding reduction of pay at Rs.3,734/-, instead of
the re-fixed pay of Rs.3,929/- as on 1-1-1991. The learned Senior
Government Pleader on instructions submitted that the reduction
is on account of the fact that the respondent availed leave
preparatory to retirement and she was not entitled to transfer
allowance and that is the reason to reduce the pay as on 2-5-
1991. It is submitted otherwise that the directions were complied
with.
3. Learned counsel for the respondent submitted that the
arrears of the re-fixation pay was not disbursed. Having
considered the explanation above, we dispose of this Original
petition with the following directions :
1. If the arrears of the re-fixation pay have not
been paid, she shall be paid within four
weeks from today.
2. The Official respondents shall give an
explanation as to the reason for the deduction
of pay at Rs.3734 as on 2-5-1991 by an
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affidavit within the above time.
3. The direction to appear in person is accordingly
set aside. Further proceedings would depend
upon non-compliance of the above directions.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
Sd/- JOHNSON JOHN, JUDGE.
amk
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APPENDIX OF OP(KAT) 448/2024
PETITIONER ANNEXURES :
Annexure A1 TRUE COPY OF THE ORDER G.O.
(P)NO.329/10/FIN. DATED 15.06.2010
Annexure A2 TRUE COPY OF THE REPRESENTATION DATED
10.07.2010 FILED BY THE APPLICANT TO THE
3RD RESPONDENT.
Annexure A3 TRUE COPY OF THE REPRESENTATION DATED NIL
FILED BY THE APPLICANT TO THE 1ST
RESPONDENT.
Annexure A4 TRUE COPY OF THE LETTER DATED 16.02.2011
SENT BY THE 1ST RESPONDENT TO THE
APPLICANT.
Annexure A5 TRUE COPY OF G.O(P) NO.477/90/(6)/FIN.
DATED 27.09.1990.
Annexure A6 TRUE COPY OF CIRCULAR NO. 12/91/(92)/FIN.
DATED 23.01.1991 ISSUED BY THE ADDITIONAL
SECRETARY (FINANCE), FINANCE (SPECIAL PAY
REVISION CELL) DEPARTMENT.
Annexure A7 TRUE COPY OF G.O(P) 445/94/FIN. DATED
26.07.1994 ISSUED BY THE ADDITIONAL
SECRETARY (FINANCE), FINANCE (PRC-B)
DEPARTMENT.
Annexure A8 TRUE COPY OF OFFICE MEMORANDUM NO.F.
NO.7(44)E.III/92 DATED 30.09.1993 ISSUED BY
THE MINISTRY OF FINANCE, DEPARTMENT OF
EXPENDITURE, GOVERNMENT OF INDIA.
Annexure A9 TRUE COPY OF OFFICE MEMORANDUM NO.F.
NO.7(44)E.III/92 DATED 31.03.1994 ISSUED BY
THE MINISTRY OF FINANCE, DEPARTMENT OF
EXPENDITURE, GOVERNMENT OF INDIA.
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Exhibit P1 A TRUE COPY OF THE O.A (E) NO.562/2016.
Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT FILED BY
THE 1ST RESPONDENT DATED 30.03.2017 ALONG
WITH TYPED COPY.
Exhibit P3 A TRUE COPY OF THE REJOINDER DATED
26.02.2020.
Exhibit P4 A TRUE COPY OF FINAL ORDER IN O.A (EKM)
NO.562/2016 DATED 15.03.2023.
Exhibit P5 A TRUE COPY OF G.O (RT) NO. 2335/2023/RD
DATED 22.06.2023.
Exhibit P6 A TRUE COPY OF R.A (EKM) NO.12 OF 2024
DATED 22-03-2024.
Exhibit P7 COPY OF CP(EKM)NO 08/2024.
Exhibit P8 A TRUE COPY OF THE ORDER OF THE KERALA
ADMINISTRATIVE TRIBUNAL DATED 16.10.2024 IN
CP (EKM) NO. 08/2024.
