IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 14069 of 2008(Y) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.SANKARA PILLAI, S/O.R.KUNJIKRISHNA PILLAI, AGED 59 YEARS, LIBRARIAN (SCIENTIST C), KERALA FOREST RESEARCH INSTITUTE, PEECHI, TRICHUR, RESIDING AT KARTHIKA,. TC.11 /1639, PERUMPADAPPU LANE, MANNUTHY, TRICHUR, PIN.680 651. 2. SAROJAM.N., W/O.P.VIJAYAKUNMARAN NAIR, AGED 51 YEARS, ASSISTANT LIBRARIAN (SCIENTIST B), KERALA FOREST RESEARCH INSTITUTE, PEECHI, TRICHUR, RESIDING AT ANJALI, PERUMPADAPPU LANE, MANNUTHY, TRICHUR,PIN-680 651. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SMT.NEELIMA V.NAIR SRI.V.V.MADHAVAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE EX OFFICIO PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, SCIENCE AND TECHNOLOGY(A) DEPARTMENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. KERALA FOREST RESEARCH INSTITUTE , REPRESENTED BY ITS DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI, TRICHUR. 3. THE KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R1 ADV. SRI.S.M.PREM FOR R2 SMT.K.P.SANTHI FOR R2 SRI.P.A.AHAMED, SC, K.S.C.T.E FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.14069/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF MEMORANDUM OF ASSOCIATION OF SECOND RESPONDENT. EXT.P2: COPY OF RULES AND REGULATIONS OF THE 2ND RESPONDENT INSTITUTE. EXT.P3: COPY OF KERALA FOREST RESEARCH INSTITUTE (RECRUITMENT OF STAFF) RULES. EXT.P4: COPY OF G.O.MS 30/87/STED DTD. 6/12/1987. EXT.P5: COPY OF G.O.MS.21/90/STED DTD. 11/04/1990. EXT.P6: COPY OF ORDER DTD. 4/05/1990 IN CMP 7293/1990 IN OP 4157/1990 ON THE FILES OF THIS HONOURABLE COURT. EXT.P7: COPY OF G.O.MS.98/91/STED DTD. 31/10/1991. EXT.P8: COPY OF JUDGMENT DTD. 2/03/1994 IN OP 4157/1990V ON THE FILES OF THIS HONOURABLE COURT. EXT.P9: COPY OF JUDGMENT DTD. 8/01/1999 IN OP 19469/1997 ON THE FILES OF THIS HONOURABLE COURT. EXT.P10: COPY OF RELEVANT PORTION OF G.O.(P) 82/99/STED DTD. 2/08/1999. EXT.P11: COPY OF LETTER NO.1191/A2/2000/STED DTD. 3/04/2001 ISSUED BY THE FIRST RESPONDENT ALONG WITH THE RELEVANT PORTION OF THE ANNEXURE THEREOF. EXT.P12: COPY OF THE PROCEEDINGS NO.G 32/KFRI/ESTT/88 DTD. 6/09/2001 ISSUED FOR THE SECOND RESPONDENT. EXT.P13: COPY OF PROCEEDINGS NO.G32/KFRI/ESTT/88 DTD. 31/12/2001 ISSUED FOR THE SECOND RESPONDENT. EXT.P14: COPY OF RELEVANT PORTION OF THE RULES FOR RECRUITMENT AND ASSESSMENT PROMOTION OF TECHNICAL STAFF IN KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY AND ENVIRONMENT. EXT.P15: COPY OF RELEVANT PORTION KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT SCIENTISTS RECRUITMENT AND PROMOTION RULES. Kss ..2/- ...2.... WPC.NO.14069/2008 Y EXT.P16: COPY OF AUDIT OBJECTIONS RAISED BY THE ACCOUNTANT GENERAL. EXT.P17: COPY OF AUDIT OBJECTIONS RAISED BY THE ACCOUNTANT GENERAL AND THE INSPECTION TEAM OF THE FINANCE DEPARTMENT. EXT.P18: COPY OF LETTER NO.KFRI/ESTT/06/236 DTD. 7/04/2006 ISSUED BY THE SECOND RESPONDENT. EXT.P19: COPY OF LETTER NO.ACCTS/KFRI/FIN-IR 04-05 DTD. 10/04/2006 ISSUED FOR THE SECOND RESPONDENT. EXT.P20: COPY OF LETTER NO.56/KFRI/85 DTD. 7/02/2007. EXT.P21: COPY OF LETTER NO.1096/A4/06/S&TD DTD. 18/05/2007 ISSUED FOR THE FIRST RESPONDENT. EXT.P22: COPY OF ORDER NO.1096/A4/06/S&TD DTD. 7/04/2008 ISSUED BY THE FIRST RESPONDENT. EXT.P23: COPY OF REPRESENTATION DTD. 23/04/2008 SUBMITTED BY THE FIRST PETITIONER TO THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 14069 of 2008 ====================================== Dated this the 24th day of November 2008 JUDGMENT Heard Sri.M.R.Rajendran Nair, the learned Senior Advocate appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the first respondent, Sri.S.M.Prem, the learned standing counsel appearing for the second respondent and Sri.P.A.Ahammed, the learned standing counsel appearing for the third respondent. 2. The petitioners are Librarians and Assistant Librarians respectively in the Kerala Forest Research Institute at Peechi. After the Writ Petition was filed, the first petitioner retired from service on 31.5.2008. The dispute in this writ petition relates to the pay structure and other benefits. The petitioners were all along proceeding on the basis that the Government was responsible for rectifying the anomaly. The third respondent has filed a counter affidavit stating inter alia that since 2003 the Kerala Forest Research Institute is under its administrative control and that employees are governed by the rules and regulations framed by the third respondent. It is also stated that the third respondent had no occasion to consider the dispute raised by the petitioners in this writ petition. 3. In these circumstances, the third respondent is directed to consider the entitlement of the petitioners for the reliefs claimed W.P.(C)No.14069 of 2008 2 by them in this writ petition and take a decision thereon, within three months from today. The petitioners shall also be permitted to file appropriate representations before the third respondent and they shall also be heard in the matter before final orders are passed. The writ petition is disposed of accordingly. The contentions of the petitioners on the merits are left open. If they are aggrieved by the final decision taken by the third respondent, it will be open to them to agitate the issue in other appropriate proceedings. Till orders are passed as directed above, the interim order passed by this Court on 6.5.2008, that was being extended from time to time shall continue to operate. P.N.RAVINDRAN, JUDGE css/