IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 29146 of 2005(S) -------------------------- OA.647/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER): --------------- 1. P.K.MADHUSOODANAN, AGED 46 YEARS, S/O.LATE K.P.NARAYANAN, SUPERINTENDENT, PASSPORT OFFICE, TRIVANDRUM, PERMANENTLY RESIDING AT PRANAVAM, POST KARAPPARAMPA, KOZHIKODE. 2. ROSAMMA JOHN, AGED 53 YEARS,W/O.K.A.JOHN SUPERINTENDENT, REGIONAL PASSPORT OFFICE, COCHIN RESIDING AT KOCHAPPILLY, ARAMKURUTHU, CHILAVANNUR P.O. ERNAKULAM. 3. LALITHA CHACKO, AGED 53 YEARS, S/O.CHACKO ALUNKAL, SUPERINTENDENT, PASS PORT OFFICE, KOZHIKODE, RESIDING AT ALUNKAL HOUSE, MULANTHURUTHY, ERNAKULAM. 4. SARADA.R.VARMA, AGED 52 YEARS, W/O.RAMA VARMA, SUPERINTENDENT, PASSPORT OFFICE, TRICHY, RESIDING AT ASWATHY PALACE, TRIPUNITHURA, COCHIN 682 301. 5. C.I.CHACKO, AGED 61 YEARS, S/O.YOHANNAN, RTD. SUPERINTENDENT, REGIONAL PASSPORT OFFICE, COCHIN RESIDING AT 'CHETTIYATTU HOUSE', MATTAKKUZHY, VARIKOLI P.O., PUTHENCRUZ, ERNAKULAM. 6. N.V.SARAMMA, AGED 52 YEARS, W/O.LATE C.N.LEVI, SUPERINTENDENT, REGIONAL PASSPORT OFFICE, COCHIN, RESIDING AT H.NO.29/1236, SHINE ROAD, VYTTILA, COCHIN 19. BY ADV. SRI.SHAFIK M.ABDULKHADIR W.P.(C) No.29146/2005 RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFIARS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, NEW DELHI. 3. THE JOINT SECRETARY, (CPV) AND CHIEF PASSPORT OFFICER, PV DIVISION, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 4. THE DEPUTY SECRETARY (PVA), MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 8/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.29146/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER DT.17.12.2004 IN O.A.No.647/2002 OF THE HON'BLE C.A.T., ERNAKULAM BENCH. EXT.P2: COPY OF THE O.A.NO.647/2002 FILED BEFORE THE C.A.T., ERNAKULAM BENCH. EXT.P3: COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS BEFORE THE C.A.T. IN O.A.NO.647/2002. EXT.P4: COPY OF THE REJOINDER FILED BY THE PETITIONERS IN O.A.NO.647/2002. EXT.P5: COPY OF THE RELEVANT COPY OF THE NOTES RELATING TO THE REVISION OF PAY SCALES OF ASSISTANTS. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ---------------------------------------- W.P.(C) No.29146 OF 2005 ---------------------------------------- Dated this the 8th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners represent the Superintendents working in Regional Passport Offices. They claimed the scale of pay applicable to Section Officers in the Central Secretariat Service which is slightly higher when compared to their scale of pay. Their request was declined by the competent authority by Annexure-A1 order produced along with Ext.P2 memorandum of Original Application in O.A.No.647/2002. The Tribunal upheld Annexure A1. Hence this writ petition, challenging Annexure A1 and also the order of the C.A.T. in the above O.A., a copy of which is produced as Ext.P1. The petitioners submit, during the pendency of the writ petition the recommendations of the 6th pay commission has been implemented with effect from 1.1.2006 and pay of the Superintendents has been treated as equivalent to that of the Section Officers in the Central Secretariat Service for the limited purpose of replacement W.P.(C) No.29146/2005 2 scale. If the said decision to grant the scale of pay of Section Officer for the purpose of replacement scale is given retrospective effect, their grievance will be redressed. The petitioners prayed that they may be given liberty to move the competent authorities to secure the said relief. The order of the C.A.T, Ext.P1, may not stand in their way, it is prayed. It is clarified that, even if, the stand taken in Annexure-A1 is affirmed by the Tribunal, the Government have always the freedom to change the stand and grant benefit to the Superintendents in the Regional Passport Offices. The right of the petitioners to persuade the Government to take a different view will not be affected by the order of the C.A.T. With this clarification, this writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps