IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 2405 of 2008(J) ------------------------- PETITIONER(S): --------------- 1. N.ANILKUMAR, S/O.NARAYANA PILLA, AGED 53, VAKKAYIL, BSNRA-E 14, KOTTAMUGHAL, NALANCHIRA, MUKKOLAKKAL P.O., TRIVANDRUM. 2. A.M.MUKTHAR, S/O.ABDUL LATHEEF, AGED 'THASNUM', TC 27/1821(1), SREECHITHRA LANE, VANCHIYOOR, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT.(VIGILANCE (C) DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVT. (FINANCE), SECRETARIAT, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, TRIVANDRUM. 4. THE DIRECTOR GENERAL OF PROSECUTION AND SPECIAL ATTORNEY, LOK AYUKTA, TRIVANDRUM. GOVERNMENT PLEADER FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2405/2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE G.O.(P) No.109/2000 VIZ. DATED 15.12.2000 EXT.P2: COPY OF THE ORDER DATED 4.9.2001 ISSUED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT. EXT.P4: COPY OF THE GOVT. ORDER NO.(Rt.) 138/2001/VIZ. DATED 5.5.2001 EXT.P5: COPY OF THE G.O.(MS) NO.180/04/LAW DATED 16.11.2004. EXT.P6: COPY OF THE REPRENTATION DATED 15.2.2005. EXT.P6(a): COPY OF THE LETTER OF THE 4TH RESPONDENT. EXT.P7:COPY OF THE LETTER DATED 8.7.2005. EXT.P8: COPY OF THE REVIEW PETITION WAS SUBMITTED BY THE PETITIONERS ON 7.10.2005. EXT.P9: COPY OF THE LETTER DATED 22.3.2007 BY FIRST PETITIONER. EXT.P10: COPY OF THE LETTER DATED 26.3.2007. EXT.P11: COPY OF THE REVIEW PETITION WAS SUBMITTED BY THE PETITIONERS DATED 30.3.2007. EXT.P12: COPY OF THE COVERING LETTER DATED 3.4.2007 SENT BY THE 4TH RESPONDENT RECOMMENDING THE INCREASE IN THE REMUNERATION PRAYED FOR. EXT.P13: COPY OF THE ORDER DATED 28.11.2007 PASSED BY THE FIRST RESPONDENT. EXT.P14: COPY OF RELEVANT PAGE OF RULE 31 OF THE RULES REGARDING THE DUTIES AND REMUNERATION ETC. PUBLISHED BY THE GOVERNMENT OF KERALA IN 1997. EXT.P15: COPY OF THE GOVERNMENT ORDER NO.363/2000 DATED 26.6.2000. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2405 of 2008 --------------------------------------------- Dated this the 18th day of June, 2010 JUDGMENT The petitioners were appointed as Senior Government Pleaders in the Lok Ayukta as per Ext.P2 order dated 4.9.2001. The rules governing the service of the Government Pleaders in Lok Ayukta were framed as per Ext.P1 dated 5.12.2000 (SRO No.1120 of 2000). The petitioners were appointed on a monthly remuneration of Rs.12,000/- + Rs.2,500/-, towards conveyance and telephone allowances. 2. Rule 3(1) of the Kerala Lok Ayukta Special Attorney and Senior Government Pleaders (Appointment and Conditions of Service) Rules, 2000 provides for the qualification for being appointed as Senior Government Pleader. A Senior Government Pleader should have not less than seven years of practice at the Bar. Rule 7 provides for the duties of Senior Government Pleaders. WPC 2405/2008 2 3. The petitioners submitted Ext.P6 representation dated 15.2.2005 to the Government pointing out that at the time of the appointment of the petitioners, they were given the salary equal to the salary of Senior Government Pleaders in the High Court. Though the salary of the Senior Government Pleaders and Government Pleaders in the High Court were enhanced, the petitioners were not given any enhancement of salary. It was requested in Ext.P6 that the salary may be enhanced to Rs.18,000/- and allowances to Rs.2,500/-. Ext.P6 representation was recommended by the Director General of Prosecution as per Ext.P6(a). He requested that the benefits declared in G.O.(MS) No.180/04/Law dated 16.11.2004 may be extended to the Government Pleaders who are working in the office of the Special Attorney to the Kerala Lok Ayukta also. Ext.P6 representation was rejected by Ext.P7 letter issued by the Government. The letter reads as follows: “I am directed to invite your attention to the reference cited and to inform you that the nature of work of Government Pleaders and that of Government Pleaders of Kerala Lok WPC 2405/2008 3 Ayukta have no comparison. The number of cases and urgency to deal with those cases in the High Court are enormous and highly demanding, whereas in the Lok Ayukta it is of a routine nature. I am therefore to convey the inability of Government to consider the proposal for enhancement of remuneration of the Senior Government Pleaders.” 4. The petitioners submitted Ext.P11 representation dated 30.3.2007 requesting to review the decision taken by the Government in Ext.P7 letter. The Director General of Prosecution again gave a letter recommending the request made by the petitioners, as per Ext.P12 dated 3.4.2007. The Government considered the matter and passed Ext.P13 order dated 28.11.2007 which reads as follows: “As per the Government order read as 1st paper above, Government had fixed a consolidated remuneration of Rs.12,000/- plus Rs.2,500/- p.m. towards Conveyance and Telephone Allowance to the Senior Government Pleaders under the Special Attorney, Kerala Lok Ayukta. WPC 2405/2008 4 As per the representation read as 2nd paper above, the Senior Government Pleaders, Kerala Lok Ayukta have requested Government to enhance their remuneration on par with that of the Senior Government Pleaders of the Hon'ble High Court of Kerala. Government have examined the matter in detail and are pleased to revise the monthly consolidated remuneration of the Senior Government Pleaders under the Special Attorney, Kerala Lok Ayukta as Rs.15,000/- + Rs.2,500/- as allowances with prospective effect.” 5. The grievance of the petitioners is that though the salary of the Special Government Pleaders was enhanced to Rs.15,000/- and allowances to Rs.2,500/- as per Ext.P13, that was given only with prospective effect. The contention of the petitioners is that at least the benefit of Ext.P13 should have been granted to the petitioners also. 6. It is pointed out that in 1996, the salary of the Government Pleaders and Senior Government Pleaders in the WPC 2405/2008 5 High Court was Rs.7,000/- and Rs.8,000/- respectively. In the year 2000, it was enhanced as Rs.10,000/- + Rs.2,500/- and Rs.12,000/-+Rs.2,500/- respectively with effect from 1.1.1999 as per Ext.P15 G.O.(MS) No.363/2000/Law dated 26.6.2000. Their salary was enhanced to Rs.15,000+Rs.2,500/- and Rs.18,000/-+ Rs.2,500/- respectively with effect from 1.4.2004 as per Ext.P5 G.O.(MS)No.180/04/Law dated 16.11.2004. 7. The contention of the petitioners is that though at the time of their appointment, they were treated at par with the Senior Government Pleaders of the High Court, and though from 16.11.2004, the salary of the Senior Government Pleaders was enhanced to Rs.18,000/- and the salary of the Government Pleaders was enhanced to Rs.15,000/-, the salary of the petitioners continued at the rate of Rs.12,000/- + Rs.2,500/-. It is submitted that even if the Special Government Pleaders of Lok Ayukta are treated as equivalent to the Government Pleaders of the High Court, the petitioners should have been paid at least Rs.15,000/- + Rs.2,500/-. WPC 2405/2008 6 8. On the basis of Ext.P11 representation dated 30.3.2007, the Government enhanced the salary of the Senior Government Pleaders under the Special Attorney of Lok Ayukta as per Ext.P13 dated 28.11.2007. It is submitted that when the present Government took over, the petitioners resigned as per Ext.P9 letter dated 22.3.2007. However, they were directed to continue in service till the new Senior Government Pleaders were appointed. 9. The learned Special Government Pleader submitted that the qualification prescribed for Senior Government Pleaders in the High Court is ten years practice at the Bar out of which five years shall be in the High Court, going by Rule 5 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules 1978. As per the said Rules, qualification prescribed for Government Pleaders is seven years experience at the Bar out of which three years shall be in the High Court. The qualification for being appointed as Senior Government Pleader in the Lok Ayukta is seven years of practice at the Bar. It is also submitted that the Government Pleaders of WPC 2405/2008 7 the High Court and the Senior Government Pleaders of Lok Ayukta cannot be treated on par and the nature of work and duties are quite different and distinct. The workload of the Government Pleaders in the High Court is much higher than that of the Senior Government Pleaders in the Lok Ayukta. It is also submitted by the Special Government Pleader that the Government thought it fit to give only prospective effect to the enhancement of remuneration as per Ext.P13 order and that the Court cannot substitute its wisdom over the decision taken by the Government. 10. It is not disputed that from 16.11.2004, the Government Pleaders of the High Court were granted remuneration at the rate of Rs.15,000/- +Rs.2,500/- per month. At the time of appointment, the petitioners were given the same remuneration as that of the Senior Government Pleaders of the High Court. Even if the salary equal to that of the Senior Government Pleaders of the High Court is not given to the Senior Government Pleaders of Lok Ayukta, it would appear to be reasonable that at least the petitioners could be provided the same benefit as would be available to the Government Pleaders WPC 2405/2008 8 of the High Court, as is now done as per Ext.P13 order. The Government did not consider at least this request while disposing of Ext.P11 representation as per Ext.P13 order. Taking into account the present position of the Senior Government Pleaders in Lok Ayukta as per Ext.P13 order and the position of the petitioners at the time of their appointment and also taking into account all the other relevant facts and circumstances, it is only proper to direct the Government to reconsider the matter. A sympathetic consideration would not cause much financial burden to the Government in this regard. Let a final decision be taken by the Government within a period of three months from today. The petitioners shall produce copy of the judgment along with copy of the Writ Petition, copy of the counter affidavit and also copy of the reply affidavit with the exhibits, before the Government within a period of three weeks. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl