IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 OP.No. 27219 of 2000(M) --------------------------------------- PETITIONER(S): ------------------------ 1. CENTRE FOR WATER RESOURCES DEVELOPMENT AND MAGAGEMENT (CWRDM) EMPLOYEE'S ASSOCIATION, REPRESENTED BY K.R.PRASANNAKUMAR, WORKING PRESIDENT, KUNNAMANGALAM, KOZHIKODE, PIN – 673 571. 2. K.R.PRASANNAKUMAR, TECHNICAL OFFICER (GRADE – II) CENTRE FOR WATER RESOURCES MUSEUM, CWRDM, KUNNAMANGALAM P.O., KOZHIKODE – 673 571. 3. SREEVALLABHAN.S., TECHNICAL OFFICER (GRADE II), GROUND WATER DIVISION, CWRDM, KUNNAMANGALAM P.O., KOZHIKODE – 673 571. 4. M.K.RADHAKRISHNAN, TECHNICAL ASSISTANT (GRADE IV), GROUND WATER DIVISION, CWRDM, KUNNAMANGALAM P.O., KOZHIKODE – 673 571. 5. C.K.GOPINATHAN, TECHNICAL ASSISTANT (GRADE III), MOS UNIT, CWRDM, KUNNAMANGALAM P.O., KOZHIKODE – 673 571. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SMT.RESMI G. NAIR Kss ...2/- ..2.... O.P.NO.27219/2000 M RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, SCIENCE, TECHNOLOGY AND ENVIRONMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM, KOZHIKODE, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 4. COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH, (CSIR), REPRESENTED BY THE DIRECTOR GENERAL, CSIR, HEAD QUARTERS, ANUSANDHAN BHAVAN, RAFI MARG, NEW DELHI. BY GOVERNMENT PLEADER SRI.MOHAMMED FAZIL -R1 & R2 ADV.SRI.R.RAJESH KORMATH FOR R3 SRI.D.SOMASUNDARAM, ADDL.CGSC FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.27219/2000 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS) NO.27/84/PLG. DTD. 28/03/84. EXT.P2: COPY OF THE LETTER NO.SSI-709/80 DTD. 22/06/1981 OF THE EMPLOYMENT EXCHANGE, KOZHIKODE. EXT.P3: COPY OF THE LETTER NO.17(65)P-42(A)/90-PPS DTD.4/1/1991 OF THE SENIOR DEPUTY SECRETARY OF CSIR. EXT.P4: COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION NO.E1-963/82 DTD. 20/11/1982 ISSUED BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE ORDER NO.SSI-230/83 DTD. 7/03/1983 OF THE 3RD RESPONDENT. EXT.P6: COPY OF THE RELEVANT EXTRACT OF THE ORER NO.SSI-2184/86 DTD. 23/12/1986. EXT.P7: COPY OF THE REPRESENTATION DTD. 16/05/94 SUBMITTED BY 1ST PETITIONER BEFORE THE EXECUTIVE DIRECTOR. EXT.P8: COPY OF THE CIRCULAR DTD. 1/06/98. EXT.P9: COPY OF THE REPORT OF M.R.RAJAN PILLAI. EXT.P10: COPY OF THE LETTER NO.E1-1416/98 DTD. 14/07/98 OF THE REGISTRAR OF CWRDM. EXT.P11: COPY OF THE ORDER NO.2961/A1/98/STED DTD. 2/11/1999. EXT.P12: COPY OF THE FINAL REPORT OF THE COMMITTEE CONSTITUTED BY THE GOVERNMENT TO EXAMINE THE ISSUES RELATING TO THE ANOMALIES IN THE PAY SCALES OF EMPLOYEES (NON SCIENTIFIC) OF ALL R & D CENTRES UNDER THE STEC UMBRELLA. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF G.O.(MS) NO.30/87/STED DTD. 6/12/1987. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.27219/2000-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of December, 2008. J U D G M E N T The first petitioner is an association represented by various employees of the Water Resources Development and Management Centre and the other petitioners are working as technical officers and technical assistants in the said organisation. They have approached this Court aggrieved by Ext.P11, by which, according to them, they have been denied the due scales of pay as applicable in CSIR. The second petitioner was appointed as Technical Assistant Group-I on 11/12/1978, the third petitioner as Technical Assistant Group-I 10/03/1983, the fourth petitioner as Technical Assistant Group-I on 27/07/1981 and the fifth petitioner as Technical Assistant Group-I on 26/11/1982. According to them, going by the offer made to them, they were entitled for the scale of pay followed by Council of Scientific and Industrial Research (CSIR) from time to time. As noted already, the grievance raised is against Ext.P11 wherein, it was clarified by the Joint Secretary to Government for Science and Technology and Environment (A) Department that the institutions under STED the scientists are allowed the scales of pay and allowances as in CSIR, for ministerial and technical staff, the scales of pay applicable to State Government employees are given. But for those O.P. No.27219/2000 -:2:- who were recruited before 06/12/1987, the scales of pay applicable in CSIR were allowed as a special case as personal to them presumably to protect them from any shortfall in pay. Obviously, this does not mean that they will go on getting the CSIR scales of pay till their retirement. They should have also been brought under the control of State Government's pay structure at the time of subsequent pay revision. According to the petitioners this is a wrong understanding of the relevant rules and also the various government orders which were followed at the relevant time. The reference made in Ext.P11, is to Ext.P10 letter of the Registrar of the Centre. 2. In the counter affidavit filed by the second respondent, Ext.R2(a) Government Order has been produced. Going by Ext.R2(a), it is found that the Government have issued order providing common guidelines regarding the pay and service conditions of scientific and non-scientific staff in all the Research and Development Centres under Science and Technology and Environment Department. The said departments have been directed to strictly adopt the directions in the order while prescribing the pay and service conditions of the scientific and non-scientific staff. Sub para (3) is extracted below:-- “(iii) Present incumbents of Non-scientific cadre in various autonomous institutions who were already provided with O.P. No.27219/2000 -:3:- CSIR/ICAR/UGC/Central Government scales of pay and allowances may continue to have them as a very special case and it will be personal to them only. All future recruitments in these cadres will follow State Government scales of pay, allowances and comparable service conditions.” 3. Going by the said paragraph, the present incumbents of Non- scientific cadre in various autonomous institutions who were already provided with CSIR/ICAR/UGC/Central Government scales of pay and allowances may continue to have them as a very special case and it will be personal to them only It is therefore, clear that such of those personnel who comprise non-scientific cadre will have to be provided with such scales of pay. As regards future recruitment it is made clear that all future recruitments will follow the State Government scales of pay, allowances and comparable service conditions. This also amply makes it clear that as far as petitioners 2 to 5 are concerned they are eligible to get CSIR scales of pay. Therefore, the view taken in Ext.P11 that the said personnel will not get the CSIR scale of pay till their retirement is not correct. That is not a correct understanding of the relevant clause in Ext.R2(a). Apart from that Ext.R2(a) is the Order passed by the Government after due deliberations and going by the terms of Ext.R2(a) itself, the concerned O.P. No.27219/2000 -:4:- departments and development centres have been directed to strictly follow the same. Therefore, the terms of Ext.R2(a) cannot be watered down by the letter issued by the Secretary as attempted in Ext.P11. In that view of the matter, to the extent it affects the petitioners, Ext.P11 cannot stand. Therefore, the same is quashed. It is declared that petitioners 2 to 5 are governed by the provisions in Ext.R2(a) as far as the pay scales are concerned. The arrears of pay due to them will be disbursed within a period of three months from the date of receipt of a copy of this judgment. This original petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms O.P. No.27219/2000 -:5:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.27219/2000-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 1 7 t h D e c e m b e r , 2 0 0 8 .