IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 27002 of 2008(M) ------------------------------------ PETITIONER(S): -------------------------- 1. P.G.ALICE MILAND, ASSISTANT, COIR BOARD KOCHI, RESIDING AT PANDARAPARAMBIL HOUSE, VILLI VILLA, PARADISE ROAD, KOCHI-19. 2. P.S.LLALITHAKUMARI, ASST.COIR BOARD, KOCHI, RESIDING AT HOUSE NO.MIG-85, GASNDHI NAGAR KADAVANTHARA, KOCHI-20. 3. S.SANTHA BAI, ASSISTANT COIR BOARD KOCHI, RESIDING AT ASHA BHAVAN HOUSE NO,2/896, MARADU PO., THRIPUNITHURA. BY ADVS. MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): ------------------------- 1. COIR BOARD, REPL BY THE SECRETARY HEAD OFFICE, COIR BOARD, COIR HOUSE, M.G.ROAD, KOCHI. 2. CHAIRMAN, COIR BOARD, COIR HOUSE, M.G.RO AD, KOCHI. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27002 of 2008-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2009. JUDGMENT The petitioners are seeking to quash Ext.P8 series by which fixation of pay sought for has only been allowed in part. There is a further prayer for a direction to the respondents to sanction the special pay of Rs.140/- per mensem with effect from 1.1.1996 and grant the scale of Rs.5000 – 8000 retrospectively with effect from 19.3.1999 and disburse all consequential benefits arising therefrom. 2. The petitioners are working as Assistants in the Coir Board in the scale of Rs.5000 - 8000. They have been appointed as Assistants with effect from 20.1.2006 in the scale of Rs.4500 – 7000 as per Ext.P1 order. Petitioners 1 and 2 were initially appointed as L.D. Clerks with effect from 19.5.1984 and the third petitioner was appointed as L.D.Clerk with effect from 12.1.1984. They have been promoted as Upper Division Clerks in June 1991. In the promoted post as Upper Division Clerk, they have been assigned duties of arduous nature in the specified seats. Taking note of the above, they were granted a special pay of Rs.70/- per month in accordance with Ext.P2. WPC 27002/2008 2 3. Based on the recommendation of the Vth Pay Commission, the Government of India issued orders of pay revision including the special pay of Upper Division Clerks working in specified posts by increasing the special pay to Rs.140/- from the existing amount of Rs.70/-. Accordingly, the petitioners’ special pay was also enhanced to Rs.140/- per month. The scheme was sought to be abolished by granting certain other benefits which is evidenced by Ext.R1(b). 4. When the petitioners’ pay was not fixed in tune with Ext.R1(b), one of the petitioners herein along with others, filed Writ Petition No.26926/2005 which ended in their favour. This court declared that the posts which were recommended by the Board to the Government of India shall be given the scale of pay of Rs.5000 – 8000 with effect from 1.1.1996. Presently, the dispute is in a narrow compass. The above judgment was implemented with effect from 1.1.2008 without granting any arrears. Those orders have been produced as Exts.P8 to P8(B). Therefore, the petitioners seek the benefit of fixation from 1.1.1996 as noted already. 5. The respondents have filed a detailed statement disputing the claim. It is submitted in paragraphs 19 and 20 of the statement that pursuant to the judgment rendered by this court, a decision was taken to implement the same. As the arrears from 1.1.1996 will amount to a huge sum, the WPC 27002/2008 3 respondents have taken a decision not to sanction any arrears to the employees and the revised scale can be implemented with effect from 1.1.2008. Before taking such a decision, the office has directed the employees concerned to submit an undertaking that no arrears or any other benefits will be claimed by them. All the employees concerned including the three petitioners herein have submitted the undertaking in the office and the revised scale was implemented with effect from 1.1.2008. Accordingly, it is contended that the writ petition is liable to be dismissed. 6. Learned counsel for the petitioners submitted that even if it is true that an undertaking has been given, at least they are entitled for the benefit of fixation from the date of Ext.R1(b) (19.3.1999). In para 4 of the counter affidavit, it is stated that the scale of pay of Rs.5000 – 8000 was implemented in the Coir Board with effect from 1.1.2008 with the benefit of fixation only with effect from 1.1.1996 without arrears after obtaining an undertaking from the concerned employees. Therefore, the petitioners can be granted fixation with effect from 1.1.1996. But still, the petitioners confine the benefit of fixation from 19.3.1999, the date of Ext.R1(b). In that view of the matter, the writ petition is disposed of in the following terms: 7. The respondents will issue a modified order in the place of Exts.P8 to P8(B) granting the benefit of fixation with effect from 19.3.1999 without WPC 27002/2008 4 any arrears during the period upto 1.1.2008. But they will be granted the notional fixation and the benefit of increment, etc., so that they will get the benefit due by way of fixation from 1.1.2008. Appropriate orders shall be passed within a period of two months from the date of production of a copy of this judgment. The petitioners have got a contention that the special pay of Rs.140/- which was allowable from 1.1.1996 has been disbursed only with effect from 23.9.1999, viz. the date of Ext.R1(a). The petitioners have been granted the same with effect from the respective dates shown in Ext.R1 (a). In view of the fact that they were entitled for the benefit from 1.1.1996, the denial of the same up to the period 23.9.1999 is not correct. Therefore, the said amount may be disbursed to them counting the respective dates on which they have started performing the duties and shown in Ext.R1(a). The said benefit shall also be quantified and disbursed to them within the above said period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/