IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 16635 of 2007(E) -------------------------- PETITIONER(S): --------------- P.GOPALAKRISHNAN, SENIOR CO-OPERATIVE OFFICER, DISTRICT INDUSTRIES CENTER, TRISSUR. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP: BY THE COMMISSIONER AND SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, DIRECTORATE OF INDUSTRIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DISTRICT CENTER REPRESENTED BY ITS GENERAL MANAGER, AYYANTHOLE, TRISSUR. 4. THE ADMINISTRATIVE ASSISTANT, DISTRICT INDUSTRIES CENTER, AYYANTHOLE, TRISSUR. GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.01.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: A true copy of the Special Rules published in the extra ordinary Gazette dated 01.07.1983 Ext.P2: A true copy of the promotion order dated 13.01.2000 issued by the 4th respondent. Ext.P3: A true copy of the extract of the para VII of the inspection report OA/(HA) 11/11/1-522/03-04/760 dated 30.07.03 of the AG(A) Trissur Ext.P4: A true copy of the objection dated 09.08.2006 submitted before the respondent Nos. 3 and 4 Ext.P5: A true copy of the order by No. A1/3335/06 dated 23.08.2006 issued by the 4th respondent Ext.P6: A true copy of the representation dated 24.08.2006 submitted before the 3rd and 4th respondents Ext.P7: A true copy of the representation dated 08.09.2006 submitted before the 2nd respondent. Ext.P8: A true copy of the G.O.(MS) No.41/06/ID dated 29.03.2006 issued by 1st respondent. Ext.P9: A true copy of the judgment dated 22.10.2006 issued by this Hon'ble Court in W.P.(C) No.28255/2006 Ext.P10: A true copy of the representation dated 25.11.2006 submitted before the 1st respondent. Ext.P11: A true copy of the proceedings and final seniority list published by the 2nd respondent dated 14.01.2007. Ext.P12: A true copy of the order by No. G.O.(Rt) No. 573/07/ID dated 03.05.2007 issued by the 1st respondent. Ext.P13: True copy of the representation filed by the petitioner before the 3rd respondent dated Nil. Ext.P14: True copy of the reply dated 24.03.2008 sent by the 3rd respondent. //true copy// es HARUN-UL-RASHID, J. ---------------------------------------- W.P(C).No.16635 of 2007 ---------------------------------------- Dated this the 19th day of January , 2009 JUDGMENT This writ petition is filed seeking to quash Ext.P5 and P12 orders to the extent of re-fixing the scale of pay of the petitioner with effect from 15.11.1999 and for other ancillary reliefs. The petitioner herein is working as the Senior Co-opeative Inspector under the 3rd respondent . Based on the recommendation of the 7th Pay Commission the pay scale of the Senior Co-operative Inspector was fixed as Rs. 5250-8150 and that of the Junior Superintendent as 5500-9150. The petitioner submits that Ext.P5 and P12 orders are issued without taking into account any of the circumstances pointed out by the petitioner in Ext.P7 representation and these orders are issued in an arbitrary manner violating the principles of natural justice. The petitioner further submitted that he was promited as per Ext. P2 order his pay was fixed as Rs. 8750- 13,610 with efrfect from ......... It is submitted by the petiioner that it was due to the mistake committed by the respondent that the fixation of pay scale and payment wrongly done not due to the fault of the petitioner. The petitioner further submitted that Ext.P5 order passed by the 4th respondent directing to recover the alleged excess pay received by the petitioner therefore cannot be sustained. The petitioner further W.P.(C) No. 16635 of 2006 -2- submitted that eventhough Ext.P11 final seniority list is no taken into acount by the 1st respondent the Government has clarified that the petitioner is eligible for the benefit under Ext.P8 govenmenrt order after he was promited prior to 1999. It is brought to the notice of this Court that the 2nd respondent re-assigned the petitioner's seniority liart as 13.11.1995 hence the petitioner is eligible to the benefit by the Government conferred under Ext It is worthwhile to report the paragraph 6 of Ext.P8 issued by the Government wherein it is stated employees who have drawn / are drawing excess 1.7.1983 The order are issued finalising the seniority list (revised) in respect of categories shall be exempted from repayment of excess salary sought for. The director of industries Centre Thrissur by Ext.P11 order dated 14.11.2007 finalised the seniority list of senior coperative inspector for the period from 1.7.1983 on 31.12.1995 be taken into consideration the ranked psotion in the cadre of Junior co-operative inspector and also as the appointment are regularised with effect from the dates assigned. Accordingly the petitioner's seniority list is also modified from 30.11.1995 instead of 15.11.1999. Ext.P11 seniority contains the same of P.Gopalakrishnana in serios Number 387. The date of promotion is re-written as 30.11.1995. W.P.(C) No. 16635 of 2006 -3- This court and by judgment dated 27.10.2006 writ petition on 28.2.2006 produced as Ext.P11 directed the Government to entertain the application submitted by the Government notwithstanding the short delay caused and directed the petitioner to file a petitoner under Section 24 of the Kerala Civil Services C.C. And Rules 1960 and to take appropriate decision based on Ext. P9 judgment. The Government passed Ext.P12 order passed on the direction issued in Ext.P9. The Government passed Ext.P12 order disposing of the representations . Ext.P10 representation submitted by the petitioner. Government by Ext.P12 order it is stated in Ext.P12 order that the review of the fixation already done as suggested by the acountant general in his report is not consequent to the retrospective instroduction of special rules for the Kerala industrial support services to issue the irregular fixation done while allowing pay protection under Rule 37(b) Part I KSR Therefore the benefit of Ext.P8 cannot be extended to the petitioner's case. The further reason stated is that an oficer's claim of pay with reference to Rules and orders in force at the time of pay and has earned and such the case of the petitioner cannot be compared with the case of the petitioner as that is to secure the post of senior co-operative by revision. The Government reiterated the stand that the Government point to excess drawn which objected to by the Accountat General. W.P.(C) No. 16635 of 2006 -4- The petitioner is seriously aggrieved by Ext.P5 and P12 order passed by the authorities in Ext.P13 representation addressed to the general Manager District industries Centre , Thrissur. The petitioner pointed out that he is eligible to get his pay fixed with effect from 30.11.1995 in the post of Senior Co-operative Inspector and back arrears from 29.05.2006 Excess pay drawn prior to Ext.P 29.5.2006 is also exempted in the G.O. (Ms) 41/06/ID dated 29.3.2006 marked as Ext.p8. The General Manager District industries Centre consider Ext.P13 request and inform the petitioner that his officer is not in a position to regularise your pay in the post of Seniot Executive Inspector with effect from 30.11.1995 also also to fix the pay in the post of Seniot Executive Inspector has to be made. Since this writ petition is pending for disposal today writ petition 16635/2007 was taken up for disp[osal and it is disposed of today. Therefore the General Manager District Industries Centre, Thrissur is free to dispose of Ext.P13 representation in accordance with law. Since the mater was agitated for a long time by the petitioner the issue requires immediate attention and therefore I direct the General Manager, Industries Centre, Thrissur to consider and dispose of Ext.P13 representation within a period of two motnhs from the date of receipt of a copy of this judgment. The petitoner shall produce a copy of this writ petition and a copy of this writ petition within a period of 10 days W.P.(C) No. 16635 of 2006 -5- from today. The petitioner produced during the pendency of the O.P Ext.P4 order issued passed by the stated was produced by the petitioner during the pendency of the O.P This writ petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 16635 of 2007 ---------------------------- JUDGMENT 19th January, 2009