IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 4319 of 2005(S) ------------------------- OA.96/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADERSRI.BENNY GERVACIS RESPONDENTS: ------------- 1. DR.P.J. ALEXANDER, IPS (RETIRED), `KRIPA', BELHAVEN GARDENS,KAWADIAR, TRIVANDRUM-695 003. 2. UNION OF INDIA REP. BY ITS SECRETARY TO GOVT. OF INDIA, MINISTRY OF PERSONAL PUBLIC GRIEVANCES AND PENSION, NEW DELHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.4319 OF 2005-S -------------------------------------------------------------- Dated this the 17th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner is the respondent in O.A.No.96/2002 on the file of the C.A.T., Ernakulam Bench. The respondents herein are the applicant and the 2nd respondent respectively. The petitioner challenges the order of the C.A.T, a copy of which is produced as Ext.P1, which enables the 1st respondent herein to draw the salary payable to the post of Director General and Inspector General of Police (DG & IGP) while he is working as the Chairman and Managing Director of Kerala State Industrial Enterprises Limited (KSIE). The 1st respondent/applicant was promoted to the cadre of Director General & Inspector General of Police by order dated 27.4.1994. By Ext.P4 order dated 28.1.1998, he was notionally promoted to that post with effect from 1.5.1993. The dispute that arose for decision before the C.A.T is whether the 1st respondent/applicant was entitled to get the arrears of salary for the period from 1.5.1993 to 26.4.1994. Normally, a person can get the salary of the higher post only from the date he officiates WPC.NO.4319/05 . 2 in that post. According to the writ petitioner/Kerala Government, the post of Chairman and Managing Director of the above said company was made an ex-cadre post to accommodate the applicant only with effect from 27.4.1994. Therefore, he is entitled to get the salary in the promoted post only with effect from the said date. The applicant claims that he was actually functioning as the Chairman and Managing Director of the KSIE Ltd., from 1.5.1993. Therefore, though the said post was made an ex-cadre post only from 27.4.1994, still he is entitled to draw the salary from 1.5.1993 as he was actually discharged the functions of the said post from the said date. The C.A.T upheld the contentions of the applicant and allowed the O.A. The Tribunal ordered that the applicant is entitled to get the salary of the post atleast from 12.8.1993. It was the date with effect from which the post of CMD of KSIE Ltd., was decided to be treated as ex-cadre posts of DG & IGP. 2. We feel that the above view taken by the Tribunal is a just and proper view. Certainly, it is a plausible view on the facts. Since the applicant has already discharged the functions of the ex- cadre post from 1.5.1993, we find nothing illegal or irregular with WPC.NO.4319/05 . 3 the directions of the C.A.T. Accordingly, the writ petition fails and it is dismissed. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl