IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 28115 of 2008(V) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.NARAYANAN, S/O.KUNJANDI, AGED 54, DRIVER, S.I., H.C.3226, PATAPPANA HOUSE, KINASSERY P.O., PALAKKAD. 2. C.MOHANAN, S/O.CHAMIYAR, AGED 54, (H.C.3437, A.R.PALAKKAD), PALLIKKANDATH, KADUMTHURUTHY, KINASSERY, PALAKKAD. 3. GOPALAKRISHNAN, S/O.K.APPU, AGED 54, (H.C.3528 A.R.PALAKKAD), KODAPPANAKKAL HOUSE, PULAPPATTA, PALAKKAD. 4. K.T.RAMAKRISHNAN, S/O.K.NARAYANAN, AGED 54, (H.C.3589 VACB, EKM), KALLAMARATHOD HOUSE, KANNIYAMPURAM,OTTAPPALAM. 5. S.RAJAN, S/O.SANTHAPPAN, AGED 52 (H.C.3573 A.R.PALAKKAD), 905/15, CHADAYAMKALA, KANJIKODE, PALAKKAD. 6. K.MARIMUTHU, AGED 54, S/O.KRISHNAMUTHALY (H.C.3635 A.R PALAKKAD) DHANUSH BHAVAN, CHITTOOR, PALAKKAD. 7. P.SUKUMARAN, AGED 54, S/O.PAZHANI (H.C.3653 A.R PALAKKAD) NELLIKKUNNAM VEEDU, KINASSERY, PALAKKAD. 8. P.K.SULAIMAN, AGED 51, S/O.V.K.KUNJUMON (H.C 3654 A.R. PALAKKAD) KASABA P.S.QUARTERS, PUTHUSSERY, PALAKKAD. 9. P.MOHANDAS, AGED 52, S/O.APPUKUTTY (H.C.3657 A.R.PALAKKAD) LEKSHMI MOHANAN, KALLEKKAD, PALAKKAD. Kss ..2/- ..2... WPC.NO.28115/2008 V 10. P.M.ABDUL KARIM, AGED 54, S/O.K.P.MOIDEEN (HC 3658 A.R. PALAKKAD) MEENKKATTAVATTARAM, PUTHUNAGARAM, PALAKKAD. 11. T.NARAYANAN, S/O.VELAYUDHAN, AGED 52, H.C.3685 A.R PALAKKAD) THIRUTHIYIL HOUSE, APPALAM, PALAKKAD. 12. H.BASHEER, S/O.HANEEFA RAWTHER, AGED 54 (HC 3686 A.R PALAKKAD) KALATHIL HOUSE, KOTHAMANGALAM, PALAKKAD. 13. V.KANDAMUTHAN, S/O.VELLA, AGED 50 (H.C.3692 A.R.PALAKKAD), PUNNAKKULATHIL HOUSE, KUZHALMANNAM P.O., PALAKKAD. 14. A.SEBASTIAN, AGED 50, S/O.ARBUDASAMY (H.C.3749 CB CID PALAKKAD) ALANGADU HOUSE, PUTHUPALLAYAM, PALAKKAD. 15. BAVA.K., AGED 48, S/O.KUNAHAMMED (HC 3834 A.R.PALAKKAD), KULAPPURATH HOUSE, OTTAPPALAM. 16. K.VIJAYAN, AGED 48, S/O.KANDACHAMY (HC 1698 TELECOMMUNICATIONS TVM) KORATHPARAMBIL VADAVANNOOR, PALAKKAD. 17. C.NARAYANANKUTTY, AGED 47, S/O.KRISHNANKUTTY, (HC 3840 CB CID, PALAKKAD) CHANDROTH HOUSE, PALAPPATT, PALAKKAD. 18. C.SYED MOHAMMED, AGED 45, S/O.CHELLAPPAN (HC 3847 A.R PALAKKAD) S.M.MAHAL, TENKARA, MANARKKAD. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.S.VAIDYANATHAN. Kss ..3/- ..3... WPC.NO.28115/2008 V RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY, HOME (K) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID, PALAKKAD. 5. THE SUPERINTENDENT OF POLICE, VACB CENTRAL RANGE, ERNAKULAM. 6. THE SUPERINTENDENT OF POLICE, TELE COMMUNICATIONS, TRIVANDRUM. R1 O R6 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011 ALONG WITH WPC NO. 33320 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28115/20008 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(RT) NO.3432/07/HOME DTD. 14/12/2007 ISSUED BY THE GOVERNMENT. P2: COPY OF LETTER DTD. 24/05/2000 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF LETTER DTD. 04/08/2000 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF LETTER DTD. 21/12/2000 ISSUED BY THE 1ST RESPONDENT. P5: COY OFG.O.(MS) NO.192/2003/33/FIN. DTD. 01/04/2003 ISSUED BY GOVERNMENT. P6: COPY OF COMMON JUDGMENT DTD. 12/07/07 IN WP(C) NO.9802/04 AND CONNECTED CASES BY THIS HON'BLE COURT. P7: COPY OF JUDGMENT DTD. 23/07/2008 IN WP(C)NO.5039/2008 BY THIS HON'BLE COURT. P8: COPY OF G.O.(RT) NO.3678/08/HOME DTD. 29/11/2008. P9: COPY OF PROCEEDINGS DTD. 26/10/2009. P10: COPY OF LETTER DTD. 16/10/2010 ISSUED BY 2ND RESPONDENT. P11: COPY OF ORDER DTD. 11/08/2010 OF 4TH RESPONDENT. P12: COPY OF REPRESENTATION DTD. 17/12/09 SUBMITTED BY 7TH PETITIONER BEFORE THE 3RD RESPONDENT. P13: COPY OF PROCEEDINGS DTD. 2/2/2010 OF THE 3RD RESPONDENT. P14: COPY OF ORDER DTD. 17/09/2010 OF THE 3RD RESPONDENT. P15: COPY OF S.O.NO.33/2009/CRE DTD. 26/10/2009 ISSUED BY 5TH RESPONDENT. P16: COPY OF JUDGMENT IN WP(C) NO.8963 OF 2009 DTD. 20/10/2010. RESPONDENT'S EXHIBIT: R1(A): COPY OF THE GOVERNMENT ORDER DTD. 16/10/2008. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 28115 & 33320 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011 J U D G M E N T The petitioners in these two writ petitions are Police Drivers in the Police Department of the Government of Kerala. They are aggrieved by denial of higher grade in the scale of pay applicable to Sub Inspectors Drivers. The petitioners in W.P. (C) No.28115/2008 seek the following reliefs: “(i) Call for the records leading to Ext.P1 and consequential order reducing the pay scale of petitioners and quash the same by issue of a writ of certiorari or other writ order or direction. (ii) Declare that petitioners are entitled to enjoy the higher grades already granted in pursuance of Ext.P2 to P4 and no reduction in the scale of pay of petitioners shall be effected in pursuance of Ext.P1 or any consequential orders passed thereunder. (iii) issue a writ of mandamus or other writ order or direction directing the respondents to give the benefit of the decision of this Hon'ble Court in Thirumeni's case 2007 (4) KLT 938 to the petitioners as well and grant the increments.” The petitioners in W.P. (C) No.33320/2008 seek the following reliefs: (i) Call for the records leading to Ext.P12 and quash W.P.(C)Nos. 28115 & 33320 of 2008 -2- Ext.P12 by issue of a writ of certiorari or other writ order or direction. (ii) Issue a writ of mandamus or other writ order or direction compelling the respondents to give 2nd higher grade to petitioners on the basis of Ext.P3 and P5 w.e.f. 15.03.2002 and all consequential benefits thereof. In W.P. (C) No.28115/2008 the 4th respondent has filed a counter affidavit which reads as follows: 2. It is submitted that, none of these petitioners were working in this unit except Sri. K.T. Ramakrishnan, Driver HC.P.3589 (Petitioner No.4), Sri. Sebastian, Driver H.C.P.3749 (Petitioner No.14) and Sri. C. Narayanankutty, Driver H.C.P.3840 (Petitioner No.17). Of these, Sri. K.T. Ramakrishnan, Driver H.C.P.3589 (Petitioner No.4) was transferred and posted to Vigilance and Anti Corruption Bureau and retired from that unit. Rest of the petitioners in W.P. (C) are working in other units or retired from other units. 3. With regard to the averments in paragraph 10 It is submitted that, the granting of annual increments to the above petitioner, Sri. Sebastian, Driver H.C.P.3749 (Petitioner 14) and Sri. Narayanankutty, (Petitioner 17) Driver H.C.P. 3840 were kept pending for want of disposal of W.P. (C) 28115/08 filed by them. On the basis of the direction contained in the G.O. (Rt.) 3432/07 Home dated 14.12.2007 and in the PHQ letter No.S6/10494/08 dated 7/08, pay of the above Drivers were to be regulated. By the time, petitioners 14 and 17 cited above filed W.P. (C) 28115/08 along with others before this Honourable Court seeking stay on recovery and reduction of any amount from their salary in pursuance of G.O. 3432/07 Home dated 14.12.2007 or any consequential orders passed there under pending writ petition. This Honourable Court passed interim order dated 24.09.2008 staying the recovery from the Salary of the Petitioner pursuant to Ext.P1 G.O. (Rt) No.3432/07 Home dated 14.12.2007 until further orders. On the basis of the above said directions, the whole matter was kept in abeyance without regulating the pay. However increments were not granted to them during 2008 and 2009 in anticipation of final orders in this matter from the Honourable High Court and also taking into account of huge liability which may arise on giving increments in non-existent and higher scale of pay which may produce cumulative sum of amount and also since in case this Honourable High Court approves the action of W.P.(C)Nos. 28115 & 33320 of 2008 -3- Government in this matter. However, when representations for regular increments came up from the above 2 Drivers, Police Headquarters has been addressed from this office as per letter No.A13591/09 CBP dated 11.05.2010 to clarify whether due increments can be granted to them. Police Headquarters as per Ext.P10 letter No.S6/20090/10 dated 16.06.2010 clarified that there is no justification for not sanctioning the periodical increments to the drivers w.e.f. 2008 onwards. Hence it was directed to follow Rule 31 of KSRs Part I. Up on the basis of aforesaid direction, increments for the years 2008, 2009 and 2010 were duly granted as per this office order No.CBO.65/2010 OCW-III dated 11.08.2010. It is not an action approving the eligibility of the petitioners but since they were entitled for increments in accordance with law, the same was granted subject to the final outcome of the above writ petition.” The counsel for the petitioners submits that in view of the averments in the said counter affidavit, the same may be recorded and the writ petitions disposed of. Accordingly these writ petitions are disposed of recording the averments in the counter affidavit. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/