IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 25354 of 2006(R) ---------------------------------------- PETITIONER(S): ------------------------ 1. GOPALAKRISHNAN V.V., S/O. M. KRISHNAN MANIYANI, POOTHANGANAM HOUSE, PARAKALAYI P.O., ANANDASHRAM VIA, KASARGOD DISTRICT. 2. MANOJKUMAR P., S/O. K. KUNHIRAMAN, MADIKKUNNU, P.O. CHERUVATHUR, KASARAGOD DISTRICT. 3. PRAKASAN K., S/O. K. NARAYANAN, P.O. THIMIRI, VIA.CHERUVATHUR, KASARGOD DISTRICT. 4. MADHUSOODHANAN P., S/O.V.V.KUNHIKANNAN, OLAVARA, P.O.UDUMBUMTHALA, KASARAGOD DISTRICT. 5. GEETHA M.V., W/O. VENUGOPALAN K.V., KUTHIRANCHAL, P.O. THIMIRI, VIA.CHERUVATHUR, KASARGOD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT V.H.S. SCHOOL, TRIKARIPUR, KASARAGOD DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25354/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DISCHARGE CERTIFICATE DATED 31/3/2003 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. P2 COPY OF THE DISCHARGE CERTIFICATE DATED 31/3/2003 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P3 COPY OF THE DISCHARGE CERTIFICATE DATED 17/3/2003 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. P4 COPY OF THE EXPERIENCE CERTIFICATE DATED 31/3/2003 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. P5 COPY OF THE EXPERIENCE CERTIFICATE DATED 31/3/2003 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER. P6 COPY OF THE G.O.(P)NO.56/2002/FIN DATED 16/1/2002. P7 COPY OF THE G.O.(P)NO.86/2006/FIN DATED 23/2/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S.SIRI JAGAN.J == = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(C) NO. 25354 OF 2006 = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2011 J U D G M E N T The petitioners have worked as Vocational Instructors in Trikaripur Government Vocational Higher Secondary School during 2002-03 on provisional basis under Rule 9(a) (i) of the Kerala State and Subordinate Service Rules. When they entered service, Ext.P6 Government order was in force, wherein the Government stated that new recruitments in Government service and public sector undertakings/autonomous institutions/statutory undertakings will be given only basic pay for the first two years of service. In view of Ext.P6 order, the petitioners also were paid only basic pay and no dearness allowance or other allowances were paid to the petitioners. Subsequently, by Ext. P7 order dated 23-02-2006 , the government reviewed Ext.P6 order and issued an order that those employees who joined service between 16-01-2002 and 31-05-2003 and were given only basic pay shall be given arrears of dearness allowance and other allowances for the period between their joining service and 31-5- 2003. The petitioners seek the benefit of the said clause in Ext. P7 Govt. order. 2. The first respondent has filed a counter affidavit, wherein the stand taken is that Ext.P7 order is applicable only to regular recruits who were in service as on the date of passing Ext. P7 order. According to the first respondent, the petitioners were only provisional employees who ceased to be in service after 31-3-2003. Therefore, they were not in service on 23-03-2006 when Ext. P7 order was passed. Therefore, the petitioners are not entitled to the benefit of Ext. P7, is the contention raised. 3. I have consider the rival contentions in detail. 4. The relevant clause in Ext 6 Government Order is clause 17, which reads thus: “17. New recruits in Government Service and P.S.Us/ autonomous institutions/ statutory undertakings will be given only basic pay for the first two years of service”. 4. In Ext.P7, in paragraph 3, the Govt. has ordered thus: “Government have reviewed the whole issue and are pleased to order that those employees who joined service between 16-1-2002 and 31- 5-2003 and were given only Basic Pay shall be given arrears of Dearness Allowance and Other Allowances for the period between their joining service and 31-5-2003” 5. The Government has not chosen to draw a distinction between provisional employees and regular employees in those orders. It is not disputed before me that for the same work both provisional employees and regular employees are paid the same salary in the same scale of pay. Both are paid dearness allowance and other allowances as applicable. Therefore, I do not find any logic in restricting the benefit of Ext P7 order to regular employees, who were in service as on 23-02-2006. Consequently, I hold that the benefit of Ext. P7 is applicable to the provisional employees also,who were in service between 16-1-2002 and 31-5-2003. 6. In the result, it is declared that the petitioners are entitled to arrears of dearness allowance and other allowances as applicable in the scale of pay of the post in which they were provisionally employed, in accordance with Ext. P7 Government Order . Since the same has not yet been paid, the respondents are directed to pay the same to the petitioners as expeditiously as possible, at any rate, within two months from the date of receipt of copy of the judgment. The writ petition is disposed of as above. Sd/- S.SIRI JAGAN, JUDGE. MM