IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 26279 of 2008(C) -------------------------- PETITIONERS: --------------- 1. KERALA LIVESTOCK INSPECTORS' ASSOCIATION REG NO.37/59, TRIVANDRUM, REPRESENTED BY ITS GENERAL SECRETARY, A.GANGADHARAN. 2. O.SUKESH, LIVE STOCK INSPECTOR GRADE-I, "GEETHANJALI", PERINGZAHA,KALAMASSERY, COCHIN-683 503. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY & DAIRY DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.26279 of 2008 -------------------------- Dated this the 24th February,2009 J U D G M E N T First petitioner is an Association of Livestock Inspectors and second petitioner is a Livestock Inspector Gr.I. Their main relief sought for in the writ petition is to quash Exhibit-P2 by which the Government brought in amendment to the Kerala Service Rules with effect from 1.3.2007. Going by the effect of Exhibit-P2 promotees prior to 1.3.2007 will not get the benefit of arrears of pay. This resulted in difficulties for persons to claim arrears in cases where they have been promoted prior to the said date. Rule 23 (c ) of Part I of K.S.R was amended only with effect from 1.3.2007. 2. Pending the writ petition, by letter dated 17.11.2008, the Government had clarified that since promotions were ordered against vacancies occurred prior to 1.3.2007 and as orders of promotion were also issued before 1.3.2007 i.e. 12.1.2007, petitioners are W.P ( C) No.26279 of 2008 2 eligible for arrears of pay and allowances as per the then existing Rule 23 (c ) Part I of K.S.R. The Director of Animal Husbandry has been directed to disburse the arrears due to the petitioners at the earliest. 3. Therefore the persons who are listed in Exhibit- P1 will be benefited by the said clarification issued by the Government. 4. Accordingly, the writ petition is disposed of directing the 3rd respondent to take action pursuant to the letter dated 17.11.2008 (No.27721/AHE/1/06/AD) so that the beneficiaries are disbursed with the arrears of pay and allowances. The same shall be done within a period of three months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.26279 of 2008 3 W.P ( C) No.26279 of 2008 4