IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WA.No. 1850 of 2005() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8995/2005 Dated 05/04/2005 .................... APPELLANT: PETITIONERS: ----------------------- 1. P.V. RAJENDRAN, AGED 43 YEARS, CONFIDENTIAL ASSISTANT, MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY. 2. P.M. VASUDEVAN NAMBISSAN, CONOFIDENTIAL ASSISTANT GRADE II, ADDITIONAL DISTRICT AND SESSIONS COURT (FAST TRACK COURT I), THALASSERY. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,THIRUVANANTHAPURAM. 2. THE REGISTRAR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1850 OF 2005 (E) ----------------------------------- Dated this the 12th day of August, 2008 J U D G M E N T KOSHY,J. First appellant is working as Confidential Assistant to the Motor Accident Claims Tribunal, Thalassery, and 2nd appellant is working as Confidential Assistant to the Additional District and Sessions Judge, Thalassery. As per the pay revision order (Ext.P1), confidential assistants to District Judges are entitled to Rs.350/- as special allowance whereas confidential assistants to Subordinate courts are only entitled to Rs.60/- as special allowance. Contention of the appellants is that Additional District Courts and Motor Accident Claims Tribunal are holding the rank of District Judges, and therefore, they are also entitled to get Rs.350/- as special allowance. Learned Single Judge in the impugned judgment found that only confidential assistants to District Judges are entitled to Rs.350/-. Additional District Judges as well as Motor Accident Claims Tribunal cannot come into that category. District Judge means only 'Principal District Judge'. Learned Single Judge also noticed that in Ext.P1, confidential assistants to W.A.1850/05 2 Special Judges and Enquiry Officers who are also holding the rank of District Judges are specifically mentioned to get Rs.350/- as special allowance. But the Additional District Judges are not mentioned. According to Ext.P1, confidential assistants to Presiding Officers of other Subordinate Courts other than District Courts are only entitled to get Rs.60/- as special allowance. The confidential assistants to Principal Enquiry Commissioner and Special Judges are also entitled to Rs.350/-. Since the Additional District Judges and Motor Accidents Claims Tribunal are not mentioned separately, the confidential assistants attached to them are not entitled to get Rs.350/- but only Rs.60/- as they are confidential assistants to Presiding Officers of Subordinate Courts, and we agree with the views of the learned Single Judge. We are not repeating the reasonings of the learned Single Judge, and hence, this appeal is dismissed. If any amount is paid by mistake, it shall be recovered in easy instalments. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp W.A.1850/05 2 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008