IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 37570 of 2008(R) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.P.LATHIKA, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 2. O.N.LEELA, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 3. P.AJITHA KUMAR, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 4. P.N.GIREESAN, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 5. SURESHAN PULIKKAL, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 6. V.G.MUKUNDAN, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 7. K.G.RAJESWARI, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 8. M.K.SURESH KUMAR, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 9. V.R.SADASIVAN, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. Kss ..2/- ....2.... WPC.NO.37570/2008R 10. A.A.MARY, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 11. P.UNNIKRISHNA PILLAI, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 12. K.N.PREMANATHAN, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 13. A.AJITH KUMAR, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 14. K.A.AMJATH, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 15. M.A.MOHAMMED EQUBAL, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 16. C.KRISHNA KUMAR, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 17. JOSEPH A.VARGHESE, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 18. S.NARAYANA IYER, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 19. K.S.JOSEPH, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 20. V.BHARATHARAJAN, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 21. S.GEETHA, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. Kss ..3/- ...3.... WPC.NO.37570/2008 R 22. P.B.AZAD, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 23. V.SURESH BABU, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 24. K.K.SAFIYA, TYPIST-COPYIST GRADE I, HIGH COURT OF KERALA, ERNAKULAM. 25. N.SATHI, TYPIST-COPYIST GRADE II, HIGH COURT OF KERALA, ERNAKULAM. 26. T.B.SANTHOSH, TYPIST-COPYIST GRADE II, HIGH COURT OF KERALA, ERNAKULAM. 27. PREETHA P.G., TYPIST COPYIST GRADE II, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.T.R.SADEESAN, MR.T.S.SHYAM PRASANTH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ADDL.CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31, REPRESENTED BY ITS REGISTRAR GENERAL. R1 GOVERNMENT PLEADER R2 BY MR.KRB.KAIMAL, SENIOR ADVOCATE, BY ADV.MR.B.UNNIKRISHNA KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37570/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.(MS) NO.147/2005/HOME DTD. 27/05/05 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF JUDGMENT DTD. 15/03/2004 IN WP(C) NO.27264/03 OF THIS HON'BLE COURT. EXT.P3: COPY OF JUDGMENT DTD. 15/06/2006 IN WP(C)NO.33051/05 OF THIS HON'BLE COURT. EXT.P4: COPY OF JUDGMENT DTD. 7/02/07 IN WP(C) NO.18328/06 OF THIS HON'BLE COURT. EXT.P5: COPY OF LETTER NO.A3-30368/2002 DTD. 17/06/05 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF JUDGMENT DTD. 21/11/07 IN WP(C) NO.29465/07 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37570/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of February, 2009 J U D G M E N T The petitioners are working as Typist-Copyists in the service of the High Court of Kerala. As per Ext.P1 G.O. Dated 27/05/2005, the Government sanctioned Special/Compensatory Allowance to various categories including the categories of Typist-Copyist. The benefit granted is Compensatory Allowance at the rate of Rs.200/- per month. In Ext.P1, the date of effect given is the date of the order itself i.e. 27/05/2005. Whether the Compensatory Allowance ordered as per Ext.P1 is liable to be granted with retrospective effect from 01/01/1998 was considered by this Court in Ext.P2 judgment in respect of Daffedars working in the High Court. It was held in paragraph (3) that “scale of pay and allowance of the Government employees were revised with effect from 01/03/1997 by Government Order dated 25/11/1998. The Government by order dated 25/09/1999, also revised the scale of pay of officers and the staff of the High Court. For the first time, Special Allowance of Rs.200/- was sanctioned to Peons attached to the Officers like the Chief Secretary etc. Since this benefit had not been extended to the staff of the High Court, the Chief Justice of the High Court had addressed the Chief Minister for W.P.(C) No.37570/2008 -:2:- rectification of the anomalies. It was consequently decided that wherever disparity in the scale of pay and other allowances, the same would be rectified. It was in this background that special allowance of Rs.200/- had been sanctioned of course, by Ext.P3 order, to Daffedars.” Ultimately, it was held that the petitioners therein are entitled for the benefit with effect from 01/11/1998. The same issue was considered later in Ext.P3 judgment. Therein, the petitioners were peons working in the High Court. The same order in Ext.P1 was considered therein. It was declared that the petitioners are entitled to the grant of Special Compensatory Allowance of Rs.200/- per month with retrospective effect from 01/11/1998. In Ext.P4 judgment, the petitioners were Sweeper-cum-Peons, and writ petition was allowed. Ext.P5 shows that the High Court has already recommended to the Government to give retrospective effect to Ext.P1 Government Order from 01/11/1998. 2. Again the issue came up for hearing in W.P.(C).No.29465/2007 and 28801/2007 which was disposed of by Ext.P6 judgment. The very same Government Order was considered therein. It was held that the petitioners therein are entitled to parity of treatment with the petitioners in Exts.P3 and P4 judgments produced therein. Ultimately, the writ petition was allowed directing to sanction special allowance at the rate of Rs.200/- per month in favour of the petitioners therein with effect from 01/11/1998. W.P.(C) No.37570/2008 -:3:- 3. Heard the learned Government Pleader and the learned Standing Counsel appearing for the High Court. No valid objections to oppose their claims have been pointed out. 4. The petitioners herein are similarly placed. The various other categories covered by Ext.P1 have been ordered to be granted the benefit with retrospective effect from 01/11/1998. Therefore, it is declared that the petitioners will also be extended the same benefit with effect from 01/11/1998. The quantum of the amount to be disbursed in this regard to the petitioners shall be computed with reference to the actual periods of service rendered by the petitioners. The Government shall pass orders in the matter sanctioning special allowance at Rs.200/- per month within a period of one month from the date of receipt of the copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) ms