IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 OP.No. 24485 of 2001(M) --------------------------------- PETITIONER(S): ------------------------- 1. K.MADHUSOODANAN PILLAI, WORKER GRADE II, OFFICE OF THE ASST. EXECUTIE ENGINEER, IRRIGATION (DREDGER SUB DIVISION CIVIL STATION, KAKKANADU 2. K.G.PRINCE, DO. DO. 3. C.T.JOSE, DO. DO. BY MR.KRB.KAIMAL, SENIOR ADVOCATE MR.ANIL K.NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (B) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENIGNEER, IRRIGATION & ADMINISTRATION, TRIVANDRUM. 3. THE ASST. EXECUTIVE ENGINEER(IRRIGATION), DREDGER SUB DIVISION, CIVIL STATION, KAKKANADU. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.40085/2001 IN OP. NO.24485/2001 Dismissed 21.01.2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.O&M (2) 3949/86 DT. 1.11.96 ISSUED BY the CHIEF ENGINEER, PWD ADMINISTRATION, TRIVANDRUM. P1(a):- COPY OF THE STATEMENT SERVICE DETAILS OF PETITIONER'S ANNEXED TO EXT.P1 ORDER. P2:- COPY OF THE GOVT. ORDER G.O.(MS) NO.10/01/PWD DT. 2.2.01. P3:- COPY OF THE GOVT. ORDER GO(MS) NO.29/01/PWD DT. 29.3.01 TOGETHER WITH THE ENDORSEMENT THERE ON BY THE 2ND RESPONDENT AS ENDT. NO.C1/44134/98 DT. 19.6.01. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.24485 of 2001-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009. JUDGMENT The petitioners are claiming the benefit of revised pay ordered in the case of SLR workers as per Ext.P2 dated 22.9.1993. They commenced service as Casual Labourers and they were subsequently promoted and appointed as SLR workers. Their commencement of work as C.L.R. is in the year 1981. They were absorbed as SLR on 4.2.1991. Later, as per order dated 20.1.1990, the Government directed that CLR/SLR employees be absorbed into regular establishment as Worker Grade II in the vacancies in the posts of Worker Grade II created originally for absorbing the NMR workers. Accordingly, as per Ext.P1 order dated 1.11.1996 they were absorbed as Worker Grade II (unskilled category) in the scale of pay of Rs.750-1025. 2. By Ext.P2, the Government revised the scale of pay of SLR workers of unskilled and skilled category with retrospective effect from 22.9.1993 apart from providing other allowances. This is clear from para 3 of Ext.P2. Para 3 further makes it clear that Government accorded sanction to revise the scale of pay of SLR workers in the PWD Irrigation Department OP 24485/2001 2 with effect from 22.9.1993 to unskilled at Rs.750-1025 and skilled at Rs.775-1160. Thereafter, the Government by Ext.P3 dated 29.3.2001 sanctioned the revised scale of pay of SLR workers who were given the benefit as per Ext.P2. But the Chief Engineer made an endorsement therein to the effect that arrears will be paid from the date of original order dated 2.2.2001 since the Government had not clarified about the date of disbursal of arrears. The petitioners were earlier paid the arrears due. But based on the endorsement in Ext.P3, steps were taken to recover the arrears already paid to the petitioners from 22.9.1993. This is under challenge in this original petition. 3. Going by Ext.P2, the date of effect of revision of scale of pay is from 22.9.1993. Therefore, the entitlement of the petitioners to receive the same cannot be disputed as such. In Ext.P3, Ext.P2 was not modified by the Government also. Therefore, the endorsement as such made by the Chief Engineer dated 19.6.2001 was unauthorised. When the Government Order itself makes it clear that the revised scale of pay will be effective from 22.9.1993, there could not have been any occasion for the Chief Engineer to make such an endorsement without any further modification on the part of the Government itself by Ext.P3. In that view of the matter, the petitioners are not liable to pay back any arrears. OP 24485/2001 3 4. The direction of the Chief Engineer in Ext.P3 (endorsement dated 19.6.2001) is therefore set aside. It is declared that the arrears already paid to the petitioners for the period from 22.9.1993 to 2.2.2001 are not liable to be recovered. The original petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 24485/2001 4 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.24485 of 2001-M - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 21st day of January, 2009.