IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WA.No. 1807 of 2005() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.14569/1994 Dated 28/02/2005 .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY STAFF UNION REP. BY ITS GENERAL SECRETARY, K. RAJMOHAN. 2. RAMACHANDRAN PILLAI, CLEANER, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM-11. 3. A. VARGHESE, UNIT HELPER, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM-11. BY ADV. SMT.V.P.SEEMANDINI (SR.) SRI.M.R.ANISON SMT.S.KARTHIKA RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, TECHNOLOGY BHAVAN, NEW DELHI-16. 2. THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM, REP. BY ITS DIRECTOR. 3. THE GOVERNING BODY OF THE SREE CHITRA TIRUNAL INSTISTUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM REP. BY ITS PRESIDENT. ADV. SRI.P.PARAMESWARAN NAIR, ASG FOR R1 ADV. SRI.T.P.KELU NAMBAIR(SR) ADV. SRI.T.R.RAVI FOR R2, R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1807 OF 2005 ------------------------------------- Dated 25th July, 2008 JUDGMENT Koshy,J . First Appellant/first petitioner is an association of the employees of the Sree Chitra Tirunal Institute for Medical Science and Technology. Petitioners 2 and 3 are the members of the first petitioner. They were employed in Sri.Chithira Thirunal Institute of Medical Science and Technologies. They were appointed at a time before the institution was functioning as a Society. At that time, they were paid salary on the basis of the scale of pay applicable to State Government employees in the scale of Rs.200–285. But, when it has become a statutory corporation, they adopted the scale of pay applicable to Central Government employees and when fourth pay commission was introduced, they were given the scale of pay of Rs.750 – 940 which is applicable to Central Government last grade employees. Contention of the petitioners is that their original pay was Rs.200 – 285. Therefore, they are entitled to the scale of pay of Rs.775 – 1025 which is the next higher scale of pay. We are of the view that they are last grade employees. If scale of pay applicable to Central Government employees is adopted, they will get the scale of pay of Rs.750 – 940. It is also stated in the counter affidavit that WA.1807/2005 2 they were given additional benefit also. In the counter affidavit at paragraph 8 it is stated as follows: “.... It is humbly submitted that cleaner who was drawing Rs.203/= in the pre- revised scale of Rs.196-232, will draw a pay of Rs.798/- in the revised scale of Rs.750-940. At the same time, a cleaner drawing Rs.203/= in the pre-revised scale of Rs.200-250 will draw a pay of Rs.799/- in the revised scale of Rs.775- 1025 which is now claimed in the original petition. The above comparison is without taking into account the one increment to which the employee will be entitled to in the revised scale of Rs.750-940 as per Ext.R2(d), which would entitle the employee to a pay of Rs.810/=. If the petitioners contention is accepted it will only work to the detriment of the employee.” We fully agree with the contentions raised in the counter affidavit. In fact, by adopting the scale of pay as per the fourth pay commission, petitioners were benefited especially an additional increment was granted by the respondents and because of the additional increment they are getting more benefits than the other scale and as per Ext.R2 (c) the Employees' Joint Council also agreed for the same. The other contention is that the next promotion is to the post of Unit Helpers. A higher pay is fixed to the persons who were appointed before 1.1.1986. They were getting the scale of pay of Rs.950– 1040, but, fresh promotees were given the scale of pay of Rs.800–1150. It is WA.1807/2005 3 submitted that they were working in a higher grade earlier and that is the reason for the same. Employees with more service will get higher pay. That cannot be taken as a violation of Article 13 of the Constitution of India. Higher grade employees will get higher pay. Even that difference is unified when Fifth Pay Commission Report was implemented and, therefore, we see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks