IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WA.No. 2436 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.17677/2007 Dated 22/08/2008 .................... APPELLANT(S): RESPONDENTS 1 TO 3 & 5 IN THE WP ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E) KERALA PB NO.5607, M.G.ROAD, THIRUVANANTHAPURAM. 695 039. 3. THE DISTRICT TREASURY OFFICER, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.BENNY GERVASIS RESPONDENT(S): PETITIONER & 4TH RESPONDENT IN THE WPC ----------------------------------------------------- 1. ARIKKAT VIJAYAN MENON, RETD. CHAIRMAN OF KERALA AGRICULTURAL INCOME TAX & SALES TAX APPELLATE TRIBUNAL, RESIDING AT 44/809E, MADHAV, ACHUTHAM LAY OUT, PERANDOOR ROAD, KOCHI-17. 2. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, M.G.ROAD, ERNAKULAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ---------------------------------------------- W.A. No.2436 of 2008 ---------------------------------------------- Dated 8th January, 2009. J U D G M E N T Kurian Joseph, J. The respondent/State in Writ Petition(C) No.17677/07 is aggrieved by the judgment dated 22.8.2008. The crucial dispute pertains to the pay parity. The petitioner was formerly the Chairman of the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal. The writ petitioner claimed the benefits resting on Exts.P1 and P3 judgments in the case of writ petitioner himself. In Ext.P1 judgment, as confirmed in Ext.P3 bench decision, it was held that the writ petitioner was entitled to parity in the scale of pay as that of the Selection Grade District Judge. The main contention of the State is that the scale is personal. Even assuming so, so long as the person is available, the entire benefits flowing out of the scale of pay should apply to him. That is all what has been held by the learned Single Judge. We also find that the issue on principle is covered against the State by a WA NO.2436/08 2 recent decision of the Apex court in State of Kerala v. B.Renjith Kumar and Others [2008(2) KHC 854 (SC)] . 2. Learned Senior Government Pleader further pointed out that the last sentence in the judgment under appeal would give a relief which is not prayed for in the writ petition. The learned Single Judge has only said that if any revision is made in the pay scale and other service benefits, such benefits will also be available to the writ petitioner, and nothing more. That is done only to avoid multiplicity of proceedings. Yet another apprehension of the State is that this would apply to all other officers who have been appointed to similar posts. We are afraid, there is no basis for such apprehension. This court has only dealt with the case of the writ petitioner, in terms of his appointment order and in the light of Exts.P1 and P3 judgments. 3. We find that the time fixed by the learned Single Judge for disbursal of the benefits has already expired. We make it clear that the benefits as directed in the judgment shall be WA NO.2436/08 3 disbursed to the writ petitioner expeditiously, at any rate, within six weeks from today. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. C.K.ABDUL REHIM, JUDGE. tgs KURIAN JOSEPH & C.K.ABDUL REHIM, JJ ---------------------------------------------- W.A. No.2436 of 2008 ---------------------------------------------- J U D G M E N T Dated 8th January, 2009.