IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 27417 of 2006(L) -------------------------- PETITIONERS: --------------- 1. P.VALSARAJ, SCIENTIST-B, ANERT, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM-4. 2. V.KAMALA DEVI, SCIENTIST-B, ANERT, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM-4. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU SRI.MANOJ RAMASWAMY SMT.VIVEEJA RAVEENDRAN RESPONDENT(S): --------------- 1. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, POWER (PS) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM-4. 4. AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOLOGY, REPRESENTED BY ITS EXECUTIVE COMMITTEE, ANERT, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R1 & R4 SRI.V.G.ARUN, SC FOR R3&4 SRI.T.R.HARIKUMAR FOR R3&4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH WPC NO. 28824 OF 2006 ON 20/01/2009, THE COURT ON THE SAM DAY DELIVERED THE FOLLOWING: W.P.(C).No.2747/2006 APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF THE G.O.MS.NO.30/87/STED DD. 6/12/87 EXT.P2 TRUE COPY OF THE ORDER O.A.NO.1882/ADM. DTD26/9/98 ISSUED BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE G.O.(RT)NO.417/2000/STED DTD. 5/12/2000. EXT.P4 TRU COPY OF THE LETTER NO.1949/A2/05 ANERT DTD. 2/5/2005 ISSUD BY THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE G.O.(MS).4/2006/PD DTD. 1/3/2006. EXT.P6 TRUE COPY OF THE LETTER NO.194/PS2/04/PD DTD. 7/10/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE LETTR NO.1170/PS/03/PD DTD. 30/11/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE RLEVANT PORTION OF THE CSIR PATTERN. EXT.P9 TRUE COPY OF THE SUBMISSION DTD. 5/2/2001 TO THE 3RD RESPONDENT. EXT.P10 TRUE COPY OF THE SUBMISSION DTD. 10/12/2004 TO THE 3RD RESPONDENT. EXT.P11TRUE COPY OF THE SUBMSSION DTD. 24/2/06 TO THE 2ND AND 3RD RESPONDENTS. EXT.P12 TRUE COPY OF THE SUBMISSION DTD. 20/3/06 TO THE 3RD RESPONDENT. EXT.P13TRUE COPY OF THE SUBMISSION DTD. 28/8/06 TO THE 3R RESPONDENT. EXT.P14 TRUE COPY OF THE CSIR PROMOTION RULES. EXT.P15 TRUE COPY OF THE NOTIFICATION NO.007/ADMN/ANERT/93 DTD. 3/1/93 ISSUED BY THE 3RD RESPONDENT. EXT.P16 TRUE COPY OF THE NOTES PREPARED FOR THE MEETNG OF ANERT SCHEDULED ON 23RD JULY 2008. EXT.P17 TRUE COPY OF THE MINUTES OF THE 14TH MEETING OF THE EXECUTIVE COMMITTEE OF ANRT HELD ON 23RD JULY, 2008. EXT.P18 TRUE COPY OF THE REPRESENTATION DTD. 16/10/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT.P19 TRUE COPY OF THE CIRCULAR DTD. 21/11/2008 OF CSIR. EXT.P20 TRUE COPY OF THE ORDER NO.A.O.334/ANERT/08 DTD. 31/3/2008 ISSUED BY THE 3RD RESPONDENT. -2- RESPONDNTS' EXTS: EXT.R3A TRUE COPY OF THE LETTER NO.1949/05/A2/ANERT DTD. 22/11/2006. EXT.R3B TRUE COPY OF THE MINUTES OF THE MEETING DTD. 30/8/2006. EXT.R3C TRUE COPY OF THE ORDER NO.AO.674/2006/A2/ANERT DTD. 9/10/2006. HARUN-UL-RASHID,J. ----------------------------------- W.P.(C).NOS.27417 & 28824 OF 2006 ------------------------------------ DATED THIS THE 20TH DAY OF JANUARY, 2009 JUDGMENT The petitioners in W.P.(C).No.27417/2006 seek for a direction to respondents to implement Ext.P2 as approved and sanctioned by Exts.P3 and P5, to release the arrears of salary for the period from 1/1/1996 to 31/3/1998 as sanctioned by Ext.P5 with interest at the prevailing interest rates, to implement pay and allowances and other service benefits as provided for in the CSIR pattern and as sanctioned by Exts.P1 and P3, to consider sanctioning the petitioners' service benefits other than pay and allowances either as per CSIR norms or the State norms as applicable to the non-scientific staff in ANERT, to consider the petitioners' promotion under the CSIR pattern on minimum residency period with effect from the eligibility dates and to sanction the arrears consequent on such promotion and to release their salary arrears from 1/1/96 to 31/3/98 with eligible interest -2- W.P.(C).Nos.27417 & 282824/2006 with effect from 26/9/98. 2.In W.P.(C).No.28824/2006 the petitioner seeks for a declaration that he is entitled to all the service benefits enjoyd by the Scientists in CSIR and also for a direction to the respondents to allow DA (including merger of 50 DA with basic pay) and other allowances like CCA, HRA, Transport Alowance and other service benefits as LTC, incentive for higher qualification as per CSIR pattern and to disburse the consequential monetary benefits with arrears thereon, to disburse the arrears of salary due to him for the period from 1/1/96 to 31/3/1998 with interest at the rate of 12% per annum from the date of Ext.P2 till payment, to given him promotion with effect from the due dates on the basis of the minimum years of service prescribed in Ext.P13 rules and to disburse the consequential monetary benefits with arrears thereon and such other reliefs. 3.Petitioners are Scientists, who were recruited based on the All India competition in the 4th respondent establishment. -3- W.P.(C).Nos.27417 & 282824/2006 Ext.P1 is the order dated 6/12/1987 passed by the Government. By Ext.P1 order the Government with a view to attracting the best scientific talents in the country, proposed to provide the scientific staff, the pay and service conditions comparable to those existing in organizations such as the CSIR/ICAR/UGC and similar organizations of the Government of India. The Government therefore directed all Research and Development Centres under Science, Technology and Environment Department to provide the Scientists working in CSIR/ICAR/UGC of the Central Government scale of pay, allowances and comparable service conditions and all the rules governing such things should be identical with any one of the organizations such as CSIR/ICAR/UGC of the Central Government. Pursuant to Ext.P1 Government Order the matter was placed before the 35th Executive Committee of the 4th respondent held on 3/7/98. The Executive Committee, 4th respondent decided to implement the pay revision after obtaining approval of Government on -4- W.P.(C).Nos.27417 & 282824/2006 condition that Transport Allowances will be considered later. It was further decided that the monetary benefit on revised scale will be ;given with effect from 1-4-98 and the arrears from 1/1/96 to 31/3/98 will be paid later, according to availability of funds. 4. This Court by interim order dated 27/3/2007 considered the relief as sought for in respect of disbursement of pay and allowances. This Court noticed that due to the administrative delay as also the delay in getting permission from the lst respondent-Government, the amount could not be paid during 2005-06 and the delay continued during the year 2006-07 also. This Court issued directed respondents 2 and 3 in W.P.(C). No.27417/06 and respondents 2 and 3 in W.P.(C).No.28824/06 to disburse the arrears of pay and allowances at the revised CSIR rate to the petitioners for the period 1/1/96 to 31/3/1998 within one month. The proposal of the 4th respondent was approved by the Government by Ext.P3 orders. It is submitted by the learned counsel for the petitioner that pursuant to the interim order -5- W.P.(C).Nos.27417 & 282824/2006 passed by this Court the arrears of pay and allowances are disbursed to the petitioners. 5. Learned counsel for the petitioners pray for a direction to the respondents to consider the petitioners' promotion under the CSIR pattern on minimum residency period with effect from the eligibility dates and to sanction the arrears consequent on such promotion. In Ext.P1 order it is made clear that the scientific staff working in the 4th respondent shall be provided with CSIR/ICAR/UGC of Central Government scales of pay, allowances and comparable service conditions and all the rules governing such things should be identical with any one of the organizations such as CSIS/ICAR/UGC of the Central Government. In terms of Ext.P1 the 4th respondent passed Ext.P2 proposal and on the basis of the same the government passed Ext.P3 sanction order. The persons consisting of Scientists working in the ANERT is only 3. Originally there were 8 Scientists in the ANERT. Ext.P1 was issued with a view to -6- W.P.(C).Nos.27417 & 282824/2006 attract the best scientific talents in the country. True that based on Exts.P2 and P3 the Scientists working in the 4th respondent- Agency are eligible for CSIR promotion rules. Under CSIR, the minimum period for promotion for promotions from Scientist B to Scientist C is 3 years, from Scientist C to next grade of Scientist E1 is 4 years and from Scientist E1 to next grade of Scientist E2 is 4 years. A further relaxation of one year is also permitted in the service of a Scientist based on exceptional performance. Petitioners have a grievance that till date steps are not taken for granting promotion to Scientists. 6. It is submitted by the learned counsel for the petitioners that they have completed more than 13 years in service and therefore eligible for 3 round promotions based on the year of service. According to the petitioners, due to the negative attitude of the 4th respondent and the Government, Scientists continue to suffer and remain in the starting grade of Scientist-B, with no step at all taken by ANERT for their promotions till date, though -7- W.P.(C).Nos.27417 & 282824/2006 they have completed sufficient period to receive three promotions as per the CSIR norms. According to them, not a single action or procedure has been taken so far by ANERT for their promotions, after 13 years of their recruitment. It is a fact that the petitioners are entitled to get promotion on a time bound basis. There is no dispute regarding this aspect. The only works standing in the way is the negative attitude of the 4th respondent in not responding to the repeated requests made by the Scientists including the petitioners. 7. In the facts and circumstances of the case, I am of the view that the grievance of the petitioners has to be redressed within a short time. The allowances due to the Scientists in the 4th respondent Agency are denied without any reason. At the same time some allowances are enjoyed by the CISR Scientists. 8. Learned counsel appearing for the 4th respondent submitted that there is difference in basic qualifications for the recruitment of Scientists in the 4th respondent-Agency and other -8- W.P.(C).Nos.27417 & 282824/2006 institutions under Kerala State Council for Science Technology and Environment (KSCSTE). As such the Scientists in ANERTcannot claim par;ity with other Scientists working with the CSIR pattern in other institutions under KSCSTE. It is also submitted that the Government in the guidelines issued introducing CSIR pattern has also stated this and explained Exts.P1, P3 and P5. According to the 4th respondent, Exts.P1. [3 and P5 were self-explanatory and therefore the contention raised by the petitioners that they should get all the benefits of CSIR pattern is baseless and untenable. Learned counsel for the petitioners pointed out that the qualifications prescribed for the post of Scientists in ANERT and CSIR are same or equivalent. Ext.P14 is the relevant extract of the order prescribing qualifications. Even otherwise Exts.P1, P2 and P3 conclude the questions and it cannot be disputed that the petitioners are also entitled to the same scale of pay and allowances and other service benefits in parity with CSIR. From the minutes of the 14th -9- W.P.(C).Nos.27417 & 282824/2006 Executive Committee meeting of the ANERT held on 23-7-2008 it is noticed that the committee discussed the issue and directed to prepare a detailed proposal for staff along with the promotion rule applicable to ANERT. Pursuant to Ext.P17 resolution, the petitioners submit, the Scientists working in the 4th respondent submitted another representation requesting to pass appropriate orders stating that the promotion of Scientists may not be delayed any further, since they were recruited 14 years ago and any further delay would affect the morale of the Scientists working in the ANERT. 9. In the circumstances pointed out above and in view of the decision of the Executive Committee of ANERT in its 14th meeting reconsidering the situation and directing the 3rd respondent-Director to put up a proposal for staff along with the promotion rule applicable to ANERT, I think the prayer for a direction to the respondents to consider the petitioner's promotion under the CSIR pattern with effect from the eligibility data can be -10- W.P.(C).Nos.27417 & 282824/2006 granted. The 3rd respondent-Director is directed to submit proposal to the Government within a period of one month from today and the Government shall pass orders on the question of promotion and other allowances due to the petitioners under the CSIR pattern within a period of two months thereafter, after affording an opportunity to both sides. Petitioners are directed to represent their stand before the Director and the Government. Writ Petitions are disposed of as above. HARUN-UL-RASHID, Judge. kcv.