IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 3322 of 2002(U) ---------------------- PETITIONER: ------------------ S.PARAMESWARAN,SGT.7 KERALA GIRLS B.N.N.C.C.,ANCHANGADI,THRISSUR-5 BY ADV. SRI.T.N.MANOJ RESPONDENTS: ---------------------- 1. STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY,FINANCE,SECRETARIAT, THIRUVANANTHAPURAM 2. THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION (A) DEPARTMENT,THIRUVANANTHAPURAM . 3. THE DEPUTY DIRECTOR GENERAL N.C.C. DIRECTORATE (K&L) STATE WING,THIRUVANANTHAPURAM 4. THE COMMANDING OFFICER,7 KERALA GIRLS BN N.C.C.,ANCHANGADIM,THRISSUR-5 BY SPL.GOVT.PLEADER SMT.N.SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008 ALONG WITH OP.NO.42852002 & OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.6022/2002 IN OP.NO.3322/2002-U. DISMISSED. 15.2.2008. Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF ORDER DTD.16.3.1987 OF THE FIRST RESPONDENT. P2: COPY OF REPRESENTATION OF PETITIONER DTD.4.8.2000 TO 3RD RESPONDENT. P3: COPY OF REPLY DTD.26.9.2000 FROM 3RD RESPONDENT. P4: COPY OF REPRESENTATION OF PETITIONER TO THE 2ND RESPONDENT DTD.20.10.2000. P5: COPY OF LETTER FROM PRINCIPAL SECRETARY TO GOVT. TO DY.DIRECTOR, GENERAL NCC, THIRUVANANTHAPURAM. P6: COPY OF REPRESENTATION OF PETITIOINER TO 2ND RESPONDENT DTD.20.6.2001. P7: COPY OF SALARY STATEMENT OF DISPARITY IN PAY & ALLOWANCE. P8: COPY OF LETTER FROM PRINCIPAL SECRETARY 2ND RESPONDENT DTD.21.12.99 TO 3RD RESPONDENT. P9: COPY OF THE COMPARATIVE STATEMENT HIGHLIGHTING THE DISPARITY IN THE PAY AND BENEFITS BETWEEN PETITIONER AND HIS CONTEMPORARIES. P10: COPY OF THE G.O.(P) NO.365/05(150) DTD.6-8-05. P11: COPY OF THE REPRESENTATION DTD.15.3.2006 FILED BEFORE THE 2ND RESPONDENT. P12: COPY OF THE ORDER DTD.13.2.2006 OF THE 2ND RESPONDENT. P13: COPY OF THE ORDER DTD.1/3/2006 OF THE 3RD RESPONDENT. *P13: COPY OF THE G.O. DATED 7.9.1974. (..............2) -: 2 :- P14: COPY OF THE G.O. DATED 22.6.2007. P15: COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT. P16: COPY OF THE COMMUNICATION RECEIVED FROM THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ============================== O.P.NOs.3322, 4285 & 4310 of 2002. ============================== Dated this the 15th day of February, 2008. J U D G M E N T These Original Petitions concern a common question and therefore are disposed of by a common judgment. All these petitioners were originally employed as Clerk General Duties Grade I in the Army. After their Army service they got re- employment as Lower Division Typists under the 3rd respondent on various dates. Subsequently they have been promoted as Upper Division Typists and Senior Grade Typist etc. 2. In the original petition OP.No.3322/2002 the substantial prayer is for a direction commanding the respondents to give effect to Ext.P8 order to the petitioners with effect from 1.1.1998. Same is the prayer in other Original Petitions. Since they are ex- servicemen re-employed in the Civilian Duty under the State Government, their initial pay was fixed at Rs.1,350/- in the scale of O.P.NOs.3322, 4285 & 4310/2002. -: 2 :- Rs.950-1650 as per Ext.P1. Subsequently they were granted annual increments and the benefit of subsequent pay revision. 3. The question herein is regarding the deduction of the component of pension while fixing their pay. The petitioners submit that when they noticed the anomalies in pay fixation, they approached the Government to rectify the same. But they were given a reply by Ext.P5 stating that a general order will be issued in the matter within a short time. But they came across Ext.P8 whereby the Government directed the Deputy Director General of NCC to recalculate the pay of Shri.C.Yesodharan Nair, U.D.Typist in Higher Grade with effect from 1.3.1998 for which the deduction of military pension in excess of Rs.15/- may not be insisted. It is in these circumstances they approached this Court claiming the same benefit to them. This Court after admitting the Original Petitions passed interim orders in all the three Original Petitions directing respondents not to deduct the amounts in excess of Rs.15/- in the form of military pension from the monthly salary drawn by the O.P.NOs.3322, 4285 & 4310/2002. -: 3 :- petitioners. This interim order has been there through out and the petitioners enjoyed the benefit of payment of salary accordingly. Now all of them have retired from service also. 4. In OP.No.3322/2002 along with IA.No.1760/2008 the petitioner has produced Exts.P13 to P16. Ext.P13 is the copy of the Government Order GO.(P)No.290/74/Fin. dated 7.9.1974. After considering all aspects the Government ordered that in respect of pensionary benefits exceeding Rs.15/- per mensem the authority competent to determine the pay will have discretion to ignore Rs.15/- or a smaller amount that it may consider justified depending upon the circumstances. Ext.P14 is the Government Order GO.(P)No.267/07/Fin. dated 22.6.2007 which concerns fixation of pay of Ex-combatant clerks re-employed as L.D.Clerks/L.D.Typist/Jr.Clerk/Storeman. The same is a clarification issued after considering various aspects. In para.4 the government has issued the following clarifications: “4. Government have examined the matter in detail and are pleased to clarify as follows: O.P.NOs.3322, 4285 & 4310/2002. -: 4 :- (i) For initial fixation of pay of Ex-combatant clerks on appointment in the Government Service, the provision contained in GO.(P)No.290/74/Fin. dated 7.9.1974 are to be followed. (ii) Order in GO.(P)No.266/87/Fin. dated 16.3.1987 were issued to rectify the anomalies in fixation of pay on the implementation of Pay Revision during 1985. Hence, it is applicable only for that Pay Revision and consequent fixation. It is not applicable to subsequent appointments and Pay Revisions. (iii) Ex-combatant clerks temporarily appointed through employment exchange are not eligible for fixation as envisaged in Government Order dated 7.9.1974, since they are appointed for a limited period. They will be eligible for full salary without deduction of pension.” The petitioner thereafter has filed Ext.P15 representation claiming the benefit of the above two Government Orders. Going by Exts.P13 & P14 the procedure for fixation of pay has to be provided in GO.(P)No.290/74/Fin. dated 7.9.1974. Since the appointment of the petitioners is subsequent to the above order they will be eligible for its benefit undoubtedly. Since the Government has further clarified the position as per Ext.P14, I O.P.NOs.3322, 4285 & 4310/2002. -: 5 :- find that the petitioners are also entitled to succeed in their contentions raised in these Original Petitions and they cannot be meted out any different treatment. Now that the petitioners have retired from service the gratuity and other benefits are also to be refixed based on the correct fixation of pay. 5. In OP.No.4285/2002 and OP.No.4310/2002 also the position is the same. Therefore, the 3rd respondent is hereby directed to consider and pass orders on Ext.P15 representation in OP.No.3322/2002, Ext.P9 in OP.No.4285/2002 and Ext.P16 in OP.No.4310/2002 in the light of the Government Orders namely, GO.(P)No.290/74/Fin. dated 7.9.1974 and GO.(P)No.267/07/Fin. dated 22.6.2007 (produced as Ext.P13 & P14 in OP.No.3322/2002). The benefit that has been extended therein will also be extended to the petitioners herein and their pay will be fixed accordingly. The consequential benefits also will be granted to them. The 3rd respondent will pass appropriate orders within a period of three months from the date of production of a copy of this judgment. O.P.NOs.3322, 4285 & 4310/2002. -: 6 :- While passing orders as directed above, the respondents will have to consider the request of the petitioners to pay them amounts that was deducted in excess of Rs.15/- from the monthly salary for the period 1997 to 2002. Original Petitions are allowed as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-