IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 OP.No. 22489 of 2000(B) PETITIONER(S): 1. DR. JACOB PAULOSE VARGHESE, KATTADIL HOUSE, UDAYAMPEROOR – 682 307, ERNAKULAM DIST. 2. DR. C.G. PETER, 33/865, VENNALA P.O., KOCHI-682028. 3. DR. M. L. JOB, MELITH, PALATHINGAL, NEHRU NAGAR ROAD, KURIACHIRA, THRISSUR-6. 4. DR. K. KUMARADAS, MANGALAYA, B-17, SREERANGOM LANE, SASTHAMANGALAM, TRIVANDRUM-695 010. 5. DR. K.V. BHASKARAN, KUTTINGARA, HOUSE NO. 5/389, CIVIL STATION P.O., CALICUT-20. 6. DR. M.V. CHACKO, GEORGEDALE, T.C.NO. 15/1852, VAZHUTHAKKAD, TRIVANDRUM-695014. BY ADV. SRI.TOMY SEBASTIAN SRI.THANKACHAN K.PAUL RESPONDENT(S): 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. 2. KERALA LIVESTOCK DEVELOPMENT BOARD LTD., GOKULAM, PATTOM. 3. THE MANAGING DIRECTOR, KERALA LIVESTOCK DEVELOPMENT BOARD LTD., GOKULAM, PATTOM. ADV. SRI.BABY ISAAC ILLIKKAL,SC, KLSDB GOVERNMENT PLEADER SRI. M.R. SABU. SMT. K.SUNITHA VINOD, SC, KLSDB FOR R2,3 SMT.SUMATHY DANDAPANI (SR.) FOR R2,3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/11/2008, ALONG WITH OP NO. 26584 OF 2000 & OP NO. 28066 OF 2000 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 22489/2000 ---------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 30-9-1996. EXT.P2 ORDER DT. 23-3-1998 EXT.P3 ORDER DT. 10-7-1998 EXT.P4 ORDER DT. 16-1-1999 EXT.P5 LETTER DT. 27-11-1998 EXT.P6 ORDER DT. 5-2-2000. EXT.P7 REPRESENTATION DT. 21-6-2000 EXT.P8 DO. DT. 1-7-2000. EXT.P9 DO. DT. 25-4-2000. EXT.P10 COMMUNICATION DT. 30-6-2000. EXT.P11 REPRESENTATION DT. 21-6-2000 EXT.P12 DO. DT. 9-3-2000. EXT.P13 LETTER DT. 20-5-2000. EXT.P14 ORDER DT. 25-5-1995. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-==-=-=-=-=-=-=-= O.P. Nos. 22489, 26584 & 28066 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= Dated this, the 7th November, 2008. J U D G M E N T All these three original petitions raise the same issues. The exhibits referred to in this judgment are as given in O.P.No. 26584/2000. 2. In all these original petitions, the petitioners are retired veterinary surgeons . After retirement, they were re-employed in service. According to the petitioners, re-employment of the petitioners are governed by Ext. P3 order, whereby the re-employed persons are entitled to scale of pay of the retirement post as revised from time to time irrespective of the scale of pay of the post of re- employment. The petitioners' contention is that subsequently, the scale of pay of their retirement post was revised and they were paid salary in accordance with that scale of pay. Subsequently, as per the impugned orders, the amount paid as per the revised scale of pay is sought to be recovered from the petitioner. The contention of the petitioners is that in view of Ext. P3 Government Order, they are entitled to the scale of pay of the retirement post as revised from time to time. Therefore, whenever revision of scale of pay of the retirement post is effected, the petitioners would be entitled to remuneration in the re-employed post on the basis of the revised scale of pay of the retirement post, is the contention raised. 3. I have considered the contentions of the petitioners. 4. The remuneration to which the petitioners are entitled to, depends on the terms and conditions of their appointment. The petitioners have not chosen to produce their appointment orders showing the terms and conditions of their appointment. Without O.P.No.22489/2000 etc. -: 2 :- looking into the terms and conditions, it cannot be decided as to whether Ext. P3 is applicable or subsequent Government Orders on the subject are applicable. In fact, from Ext. P6 in O.P.No. 26584/2000, I find that Government had subsequently cancelled Ext. P3. In the above circumstances, I am not satisfied that the petitioners have proved that they are entitled to the reliefs prayed for. Accordingly, the original petitions are dismissed. Sd/- S. Siri Jagan, Judge. Tds/ O.P.No.22489/2000 etc. -: 3 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-==-=-=-=-=-=-=-= O.P. Nos. 22489, 26584 & 28066 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= J U D G M E N T 7th November, 2008.