IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10158 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. A. ABDUL SAMAD, DRIVER-HEAD CONSTABLE NO.T.8208, VIGILANCE & ANTI-CORRUPTION BUREAU SPECIAL CELL,MURINJAPALAM, TRIVANDRUM-695 011. 2. K. CHANDRAN NAIR DRIVER-HEAD CONSTABLE NO.T.8290, DIRECTORATE OF VIGILANCE & ANTI-CORRUPTION BUREAU, TRIVANDRUM, PIN-695 004. 3. B. CHANDRAN NAIR, DRIVER-HEAD CONSTABLE NO.T.6375 -DO-. 4. WILFRED STEPHEN DRIVER-HEAD CONSTABLE NO.T.6275 -DO-. 5. A. MOHAMMED SADIQ DRIVER-HEAD CONSTABLE NO.T.9044 -DO-. 6. A. SIRAJUDEEN DRIVER-HEAD CONSTABLE NO.T.6896 -DO-. 7. R. CHANDRAN DRIVER-HEAD CONSTABLE NO.8546, POLICE SPECIAL INVESTIGATION UNIT, POOJAPPURA,TRIVANDRUM-695 015. BY ADV. SRI.S.MOHANDAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME (K) DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM-01. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, TRIVANDRUM-695 010. 3. DIRECTOR OF VIGILANCE & ANTI-CORRUPTION BUREAU, TRIVANDRUM-695 004. 4. SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION SPECIAL CELL, MURINJAPALAM, TRIVANDRUM-695 011. 5. SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION UNIT, POOJAPPURA, TRIVANDRUM-695 015. GOVERNMENT PLEADER FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, ALONG WITH WPC NO. 11226 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10158/2008 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.24.5.2000 BY R2. P2. COPY OF THE LETTER DTD.4.8.2000 BY R2. P3. COPY OF THE LETTER DTD.23.12.2000 BY THE GOVT. P4. COPY OF THE ORDER DTD.27.4.07 BY R4. P5. COPY OF THE S.O. DTD.27.4.07 BY R4. P6. COPY OF THE ORDER DTD.27.8.90 BY THE COMMISSIONER OF POLICE, TRIVANDRUM. P7. COPY OF THE ORDER DTD.11.4.07 BY R4. P8. COPY OF THE ORDER DTD.24.6.91 BY R2. P9. COPY OF THE ORDER DTD.20.2.01 BY THE SP CBCID TRIVANDRUM. P10. COPY OF THE ORDER DTD.4.7.1991. P11. COPY OF THE ORDER DTD.12.4.07 BY R4. P12. COPY OF THE D.O. DTD.10.2.95 BY THE SP RURAL, TRIVANDRUM. P13. COPY OF THE ORDER DTD.29.9.06 BY R5. P14. COPY OF THE ORDER DTD.12.12.06 BY R5. P15. COPY OF THE ORDER DTD.22.4.03 BY R2. P16. COPY OF THE GOVT. ORDER DTD.14.12.07. P17. COPY OF THE NOTE/ORDER DTD.7.3.08 TO P1. P18. COPY OF THE LETTER DTD.8.10.09 BY R2 TO R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).Nos.10158 & 11226 of 2008 ================== Dated this the 31st day of March, 2011 J U D G M E N T These writ petitions are for identical reliefs as in W.P.(C). Nos. 33320/2008 and 28115/2008, which were disposed of yesterday by the following judgment: 'The petitioners in these two writ petitions are Police Drivers in the Police Department of the Government of Kerala. They are aggrieved by denial of higher grade in the scale of pay applicable to Sub Inspectors Drivers. The petitioners in W.P. (C) No.28115/2008 seek the following reliefs: “(i) Call for the records leading to Ext.P1 and consequential order reducing the pay scale of petitioners and quash the same by issue of a writ of certiorari or other writ order or direction. (ii) Declare that petitioners are entitled to enjoy the higher grades already granted in pursuance of Ext.P2 to P4 and no reduction in the scale of pay of petitioners shall be effected in pursuance of Ext.P1 or any consequential orders passed thereunder. (iii) issue a writ of mandamus or other writ order or direction directing the respondents to give the benefit of the decision of this Hon'ble Court in Thirumeni's case 2007 (4) KLT 938 to the petitioners as well and grant the increments.” The petitioners in W.P. (C) No.33320/2008 seek the following reliefs: “(i) Call for the records leading to Ext.P12 and quash Ext.P12 by issue of a writ of certiorari or other writ order or direction. (ii) Issue a writ of mandamus or other writ order or direction compelling the respondents to give 2nd higher grade to petitioners on the basis of Ext.P3 and P5 w.e.f. 15.03.2002 and all consequential benefits thereof.” In W.P. (C) No.28115/2008 the 4th respondent has filed a counter affidavit which reads as follows: 2 “2. It is submitted that, none of these petitioners were working in this unit except Sri. K.T. Ramakrishnan, Driver HC.P.3589 (Petitioner No.4), Sri. Sebastian, Driver H.C.P.3749 (Petitioner No.14) and Sri. C. Narayanankutty, Driver H.C.P.3840 (Petitioner No.17). Of these, Sri. K.T. Ramakrishnan, Driver H.C.P.3589 (Petitioner No.4) was transferred and posted to Vigilance and Anti Corruption Bureau and retired from that unit. Rest of the petitioners in W.P. (C) are working in other units or retired from other units. 3. With regard to the averments in paragraph 10 It is submitted that, the granting of annual increments to the above petitioner, Sri. Sebastian, Driver H.C.P.3749 (Petitioner 14) and Sri. Narayanankutty, (Petitioner 17) Driver H.C.P. 3840 were kept pending for want of disposal of W.P. (C) 28115/08 filed by them. On the basis of the direction contained in the G.O. (Rt.) 3432/07 Home dated 14.12.2007 and in the PHQ letter No.S6/10494/08 dated 7/08, pay of the above Drivers were to be regulated. By the time, petitioners 14 and 17 cited above filed W.P. (C) 28115/08 along with others before this Honourable Court seeking stay on recovery and reduction of any amount from their salary in pursuance of G.O. 3432/07 Home dated 14.12.2007 or any consequential orders passed there under pending writ petition. This Honourable Court passed interim order dated 24.09.2008 staying the recovery from the Salary of the Petitioner pursuant to Ext.P1 G.O. (Rt) No.3432/07 Home dated 14.12.2007 until further orders. On the basis of the above said directions, the whole matter was kept in abeyance without regulating the pay. However increments were not granted to them during 2008 and 2009 in anticipation of final orders in this matter from the Honourable High Court and also taking into account of huge liability which may arise on giving increments in non-existent and higher scale of pay which may produce cumulative sum of amount and also since in case this Honourable High Court approves the action of Government in this matter. However, when representations for regular increments came up from the above 2 Drivers, Police Headquarters has been addressed from this office as per letter No.A13591/09 CBP dated 11.05.2010 to clarify whether due increments can be granted to them. Police Headquarters as per Ext.P10 letter No.S6/20090/10 dated 16.06.2010 clarified that there is no justification for not sanctioning the periodical increments to the drivers w.e.f. 2008 onwards. Hence it was directed to follow Rule 31 of KSRs Part I. Up on the basis of aforesaid direction, increments for the years 2008, 2009 and 2010 were duly granted as per this office order No.CBO.65/2010 OCW-III dated 11.08.2010. It is not an action approving the eligibility of the petitioners but since they were entitled for increments in accordance with law, the same was granted subject to the final outcome of the above writ petition.” The counsel for the petitioners submits that in view of the 3 averments in the said counter affidavit, the same may be recorded and the writ petitions disposed of. Accordingly these writ petitions are disposed of recording the averments in the counter affidavit.' The learned counsel for the petitioners submits that these writ petitions also may be disposed of accordingly. Accordingly, these writ petitions are also disposed of in terms of that judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge