IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5912 of 2010(L) PETITIONERS: -------------------- 1. P.M.ABDUL RAHIMAN, SECRETARY, KERALA GOVERNMENT PRESSES EMPLOYEES UNION (CITU) ERNAKULAM UNIT, KAKKANAD (ASSISTANT FOREMAN (BINDING SECTION) GOVERNMENT PRESS, ERNKAULAM KAKKANAD. 2. C.K.PREM SANKAR, JOINT SECRETARY, KERALA GOVERNMENT PRESSES EMPLOYEES UNION,(CITU), ERNAKULAM UNIT, KAKKANAD, (SENIOR GRADE COMPUTOR, GOVERNMENT PRESS, ENRKULAM, KAKKANAD) 3. M.A.RAJU, ASSISTANT FOREMAN (COMPOSING), GOVERNMENT PRESS ERNAKULAM KAKKAND. 4. V.O.JOSEPH, READER (SENIOR GRADE) GOVERNMENT PRESS, ERNKAULAM KAKKANAD. 5. SEENA T.V., SENIOR GRADE BINDER, GOVERNMENT PRESS ERNAKULAM KAKKANAD. BY ADV. MR. V.A.MUHAMMED MR. K.E.HAMZA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,SECRETARIAT,TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A&E) KERALA, M.G.ROAD, P.B.NO.5607,THIRUVANANTHAPURAM-39. 3. THE DISTRICT TREASURY OFFICER, ERNAKULAM,KAKKANAD - 682030. 4. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 5. THE DIRECTOR OF PRINTING, GOVERNMENT CENTRAL PRESS, TRIVANDRUM 6. THE DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, ERNAKULAM, KAKKANAD - 682030. R1 TO R6 BY MR. ANTONY MUKKATH, GOVERNMENT PLEADER WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 5912 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2010 J U D G M E N T The petitioners are the employees of the Kerala Government Press, Kakkanad. Their grievances is with respect to the reduction of HRA ordered pursuant to Exts. P4 and P5. 2. The specific case of the petitioner is that the Government Press was established at Ernakulam and ever since its establishment, it had been functioning at District Court Complex, Ernakulam within the limits of Corporation of Kochi. It was shifted from the said complex at Ernakulam to the present premises at Kakkanad, that lies within the Panchayat of Thrikkakkara, only in 2004. It is the shifting of the premises of the Press from the limits of the Corporation of Cochin to the limits of Panchayat that resulted in the present proposal to reduce the HRA of the petitioners and similarly situated employees of Government Press as per Ext.P4. 3. The main grievance of the petitioners is that in the case of employees in certain offices translocated from the WPC.5912 of 2010 : 2 : limits of Cochin Corporation to Kakkanad that lies within the limits of Thrikkakara Panchayat, initially, there was a proposal to reduce HRA. Taking into account the fact that prior to the translocation of the said offices the employees were enjoying the benefit of higher rate of HRA it was ultimately decided not to reduce the rate of HRA. The fact that such favourable decisions have been taken in respect of employees working in offices which were translocated from the limits of Corporation of Kochi is evident from Exts.P6, P6(a) and P6(b) and these relevant aspects were not at all taken into consideration while issuing Exts.P4 and P5, it is submitted. Therefore, the petitioners contended that the proposal shall not be permitted to finalise and prior to its finalization, the respondents are bound to consider the aforesaid aspects. Further, they are relying on the judgments passed by this Court as per Exts. P7 and P8 judgments under the similar circumstances. A perusal of Exts.P6, P6(a) and P6(b) would reveal that in respect of certain offices covered as per the said orders initially a decision was taken to reduce the rate of HRA of the employees. However, it is evident from such orders that subsequently upon hearing them the said decision was changed and the rate of HRA which they have been enjoying WPC.5912 of 2010 : 3 : was restored. Taking into account the said aspects, I am inclined to dispose of this writ petition in the following manner:- To enable the first respondent to consider the issue involved in this writ petition the petitioners are at liberty to approach the first respondent by filing appropriate representations within a period of two weeks from the date of receipt of a copy of this judgment. The petitioners shall forward copies of this judgment and also copies of Ext.P6, P6 (a) and P6(b) and copies of Exts.P7 and P8 to enable the first respondent to look into the grievances raised by them. In case the first respondent receives such representations the same shall be considered by the first respondent within a period of three months from the date of receipt of a copy of the judgment. It is made clear that till such decision is taken on such representations, the proposal made as per Ext.P4 and P5 shall not be implemented. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge