IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 36635 of 2009(Y) ----------------------------------- PETITIONER(S): --------------------- V.ASOKAN, SENIOR OFFICE SUPERINTENDENT, KERALA FOREST RESEARCH INSTITUTE, PEECHI. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE RESPONDENT(S): --------------- 1. THE KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR, REPRESENTD BY ITS REGISTRAR. 2. THE DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR. 3. THE REGISTRAR, KRALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR. BY SRI. JOSE ADIYODI, GOVT. PLEADER ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO. 36635/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF GO DATED 12/7/99. EXT.P2: COPY OF GO WITH THE RELEVANT PROVISIONS RELATING TO THE PETITIONER'S POST. EXT.P3: COPY OF RELEVANT EXTRACTS FROM THE SUGGESTIONS MADE BY THE COMMITTEE. EXT.P4: COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 7/7/01. EXT.P5: COPY OF PROCEEDINGS DATED 29/8/01 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF PROCEEDINGS DATED 26/2/02 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF ORDER DATED 12/7/02 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF NOTE DATED 29/12/08 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF OBJECTIONS DATED 14/1/09 SUBMITTED BY THE PETITIONER. EXT.P10: COPY OF ORDER DATED 3/12/09 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF ORDER DATED 14/7/2011 ISSUED BY THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE AS K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 36635 OF 2009 ----------------------------------------------------------- Dated this the 3rd December, 2011. JUDGMENT The petitioner is a senior Office Superintendent in the Kerala Forest Research Institute. By Ext.P3 a committee constituted by the Government examined the anomalies in the pay revision of Administrative Staff of the Kerala Forest Research Institute and recommended a scale of pay of Rs.6500-10500 for Office Superintendents. By letter dated 3-4-2005 the Government also accorded sanction to the Kerala Forest Research Institute to implement the recommendation. Therefore, the scale of pay was granted to the petitioner. However, the second respondent later on issued Ext.P7 order cancelling the pay fixation of the petitioner in the higher scale. The said order was set aside by this Court as per judgment in O.P.20925/2002. Thereafter the second respondent again issued Ext.P10 order dated 3-12-2009. This writ petition has been filed challenging Ext.P10. 2. Along with I.A.12194/2011 the petitioner has produced Ext.P11 order of the Kerala State Council for Science, Technology and Environment dated 14-7-2011 by which, the higher scale of pay WPC 36635/2009 2 granted to the petitioner has been upheld. Therefore, the petitioner has got the relief that he has sought for in this writ petition. 3. In view of the above, no further orders are necessary to be issued in this writ petition. This writ petition is therefore disposed of in terms of Ext.P11. Needless to observe that the petitioner who has retired in the meantime would be entitled to retirement benefits also on the basis of higher pay granted to him. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 36635/2009 3