IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 2711 of 2007(W) ------------------------- PETITIONER(S): --------------- P.NARAYANAN, S/O. LATE P.RAMAN, PATTAMTHODY HOUSE, KUNNAKKAVU P.O., CHERUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.C.K.JAYAKUMAR SRI.A.S.BENOY RESPONDENT(S): --------------- 1. THE KERALA ELECTRICAL AND ALLIED ENGINEERING CO. LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, PANAMPILLY NAGAR, COCHIN - 36. 2. GENERAL MANAGER (PERSONNEL AND ADMINISTRATION) THE KERALA ELECTRICL AND ALLIED ENGINEERING CO. LTD., PANAMPILLY NAGAR, COCHIN - 36. ADV. SRI.B.S.KRISHNAN, SC, KEL FOR R1 SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, ALONG WITH WPC NO. 2710 OF 2007 WPC NO. 2699 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)Nos.2711 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE REPRESENTATION DATED 30.6.2004 MADE BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R1(a): TRUE COPY OF G.O.(P)NO.932/00 DATED 2.6.2000 EXHIBIT R1(b) SERIES: TRUE COPY OF SALARY SLIP OF THE PETITIONER FROM NOVEMBER 2000 TO JUNE 2001. EXHIBIT R1(c): TRUE COPY OF GOVERNMENT LETTER DATED 06.04.2004. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ---------------------------------------------- W.P.(C) Nos.2711,2699 & 2710 of 2007 ---------------------------------------------- Dated this the 22nd day of June, 2009 JUDGMENT The petitioners are retired employees of the 1st respondent company subsequent to 01.07.1998. The 1st respondent company is fully owned by the Government of Kerala. The Government of Kerala, while revising the scales of pay of Government servants, ordered revision of scales of pay of the employees of the 1st respondent company also. The pay revision order was implemented in the 1st respondent company on 20.03.2001 with effect from 01.07.1998. The first complaint of the petitioners in this Writ Petition is that pay revision arrears due to them for the period from 01.07.1998 till the dates of their retirement have not been paid to them. The second contention is that while revising the dates of DA of Government servants the Government had permitted public sector undertakings like the 1st respondent to revise the DA payable to their employees also correspondingly. Petitioners allege that DA W.P.C.Nos.2711, 2699 & 2710 of 2007 2 arrears due to the petitioners have not been paid as per the Government Orders. The last contention is that the petitioners were not paid the gratuity based on the revised Basic Pay and DA as per Rules. 2. A counter affidavit has been filed by the 1st respondent. The 1st respondent now admits that the petitioners are eligible for arrears to pay revision with effect from 01.07.1998 till the dates of their retirement. But the 1st respondent disputes the liability to pay DA arrears insofar as the increase in DA was made payable only prospectively. Therefore, the revision of D.A after the retirement of the petitioners is not applicable to them. As far as gratuity is concerned, the 1st respondent submits that the petitioners were paid gratuity as per the revised pay and therefore no further amounts are due to the petitioners by way of gratuity. W.P.C.Nos.2711, 2699 & 2710 of 2007 3 3. The counsel for the petitioner now admits that what is due only is pay revision arrears. As far as the claims for DA arrears and gratuity arrears are concerned the Counsel for the Petitioner would submit that the same are not now due in view of the clarifications given in the counter affidavit filed by the 1st respondent. 4. The learned counsel for the 1st respondent, while admitting that the pay revision arrears are due to be paid to the petitioners for the period from 01.07.1998 till dates of their retirement, would content that in view of the financial crisis being faced by the 1st respondent company, the 1st respondent may be granted 6 months' time to pay off the pay revision arrears. 5. Having heard both sides I dispose of this writ petition with a direction to pay to the petitioners the pay revision arrears due to them from 01.07.1998 till the dates W.P.C.Nos.2711, 2699 & 2710 of 2007 4 of their retirement as expeditiously as possible, at any rate, within one month from the date of receipt of copy of this judgment. S.SIRI JAGAN JUDGE vgd