IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 5974 of 2007(J) ------------------------- PETITIONER: ------------ 1. KERALA ADVOCATE GENERAL'S DEPARTMENTAL STAFF ASSOCIATION , REPRESENTED BY ITS SECRETARY SRI.ANIL KUMAR.N. WORKING AS SENIOR GRADE ASSISTANT, ADVOCATE GENERAL'S OFFICE, ERNAKULAM. 2. THOMAS ABRAHAM, SECTION OFFICER, ADVOCATE GENERAL'S OFFICE, ERNAKULAM. BY ADV. SRI.K.A.ABRAHAM SRI.S.S.NAIR SRI.BIJU MARTIN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAW SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVT., FINANCE DEPT., GOVT SECRETARIAT, TRIVANDRUM. 4. THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 5. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5974 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- PHOTO COPY OF THE ORDER DATED 28.3.1994 IN CMP NO.318/94 IN W.A.886/92 EXT.P2- PHOTO COPY OF THE G.O.(MS)NO.21/96 LAW DATED 9.1.96 EXT.P3- PHOTO COPY OF THE G.O.(MS).74/2004/LAW DATED 14.5.04 EXT.P4- PHOTO COPY OF the G.O.(M.S.).115/2005/FIN DATED 14.3.05 EXT.P5- PHOTO COPY OF THE EXTRACT OF THE G.O.(P)145/2006/FIN DATED 25.3.06 EXT.P6- PHOTO COPY OF THE PETITION DATED 5.4.2006 TO THE SECRETARY TO GOVT. EXT.P7- PHOTO COPY OF THE LETTER DATED 3.11.06 FROM PRINCIPAL SECRETARY TO THE ADVOCATE GENERAL EXT.P8- PHOTO COPY OF THE G.O.(MS).NO.294/06/LEG.DATED 8.3.06 EXT.P9- PHOTO COPY OF THE PETITION DATED 22.11.06 ADDRESSED TO THE CHIEF MINISTER (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).5974/2007 -------------------- Dated this the 28th day of February, 2008 JUDGMENT The challenge in the writ petition is against Ext.P5 which is related to the compensatory allowance granted to the staff of the Advocate General's Office. In so far as the claim made by the petitioners for retrospective effect of enhancement of compensatory allowance of Rs.200/- to Rs.400/- is concerned, a statement has been filed on behalf of the first respondent producing thereby a Government Order, G.O.(P).No.572/07/(83)/Fin.dated 29.11.2007. Clause 6 of the said Government Order reads as follows: Date of effect – The orders in respect of paras 1 to 4 above will take effect from 1.3.2006. Modification to the revised scale of pay vide para 5 above, will take effect from 1.7.2004, with monetary benefit from 1.4.2005, subject to para 7(iv) below. In the light of the fact that pay revision order has W.P.(C).5974/2007 2 been given effect to with effect from 1.3.2006, no further grievance survives in the writ petition and the same is accordingly closed. V.GIRI, Judge mrcs