IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 6752 of 2009(L) ------------------------------ PETITIONERS: ---------------- 1. B.BIJU, MANDATHERITHARAYIL, PUTHIYAVILA, PATTOLI MARKET P.O., KAYAMKULAM. 2. MANOJ.S., HSST JR.BOTANY, NRPM HIGHER SECONDARY SCHOOL, KAYAMKULAM. 3. S.K.JAYAKUMAR, SANKARAMANGALAM, PUTHIYAVILA, PATTOLI MARKET P.O., KAYAMKULAM. BY MR.P.N.MOHANAN, ADVOCATE. MR.K.RAJESH SUKUMARAN, ADVOCATE. RESPONDENT: ---------------- GOVERNMENT OF KERLA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUAM. BY MR. MANOJ KUMAR, SP.GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6752 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The 1st petitioner is the President of PSTA Revenue District Committee, Alappuzha, 2nd petitioner is the executive committee member of All Kerala Higher Secondary Teachers Association and 3rd petitioner is also the office bearer of PSTA. 2. The members of various teachers organization and the State Government employees issued a notice to the Government of Kerala to conduct a one day strike on 17.02.2009 to get appointed a pay commission to revise the salary of employees, in parity with that of the pay revision of the Government of India to their employees, to raise the retirement age as 60 and for revising the curriculum of education etc. Exhibit P1 is the notice issued for the strike. 3. Presently, the petitioners are aggrieved by the rejection of the demand for appointment of a new pay revision commission and in respect of Exhibit P2 order which has declared Dies Non to the employees who failed to attend office on 17.02.2009. W.P.(C) No.6752/2009 2 4. The petitioners contend that Exhibit P2 order has been passed only due to the fact that the respective organizations are politically opposed to the Government. It is pointed out that by Exhibit P3 to P6 orders in similar circumstances in respect of striking employees and the teachers, the Government has sanctioned casual leave and other eligible leave. Those are instances where the organizations supporting the Government have conducted strike raising various demands. 5. On behalf of the respondent, as directed by this Court, a statement has been filed. It is pointed out that the pay revision of employees is not effected within a uniform time interval of five years as contended by the petitioners. As per G.O.(P) No.91/ 1974/Fin. dated 05.04.1974, pay revision was implemented only after conducting discussions with various Service Organizations and no Pay Commission was appointed then. The appointment of Pay Commission is a policy matter and Government will take appropriate decision at the appropriate time. It is also pointed out that Rule 14A of Part I Kerala Service Rules declares that the W.P.(C) No.6752/2009 3 unauthorized absence owing to participation in the strike will be treated as Dies Non. The Government has the full discretionary power to examine each case of strike on its merits and to arrive at a decision as to how to treat absence of employees from duty. 6. As regards the appointment of pay revision commission, it is plain and clear that it is purely at the discretion of the Government. The matter will have to be considered by the Government only at the appropriate time. There is no failure of duty as far as the said issue is concerned. Therefore, this Court will not be justified in issuing a writ of mandamus directing the Government to appoint 9th pay commission. It is entirely at the wisdom of the Government to appoint a pay revision commission. Therefore, the said prayer cannot be granted. As regards the challenge against Exhibit P2, if the petitioners invite the attention of the Government by filing appropriate representations with regard to the treatment meted out to them as compared to the members of the organizations mentioned in Exhibits P3 to P6, the same will be considered and W.P.(C) No.6752/2009 4 appropriate orders will be passed by the Government, after hearing the petitioners. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp