IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 32333 of 2008(Y) --------------------------------------- PETITIONER(S): ----------------------- 1. M. NAGARAJAN, AUDITOR-I, STATE OFFICE, KHADI & V.I. COMMISSION P.B.NO.198, GRAMODAYA, M.G.ROAD, THIRUVANANTHAPURAM. 2. SANTHOSH KUMAR. K.V, AUDITOR-I, STATE OFFICE, KHADI & V.I. COMMISSION, P.B.NO.198, GRAMODAYA, M.G.ROAD, THIRUVANANTHAPURAM. 3. JAYA S.AMBAT, AUDITOR-II, KHADI GRAMODYOG BHAVAN, KHADI & V.I. COMMISSION, PALIMUKKU, M.G.ROAD, ERNAKULAM. BY SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE, ADV. SRI.B.S.SWATHY KUMAR, SRI.BINDU SREEKUMAR, SRI.MURALI PURUSHOTHAMAN, SRI.DEEPU LAL MOHAN, SMT.LEENA MURALI. RESPONDENT(S): -------------------------- 1. KHADI & VILLAGE INDUSTRIES COMMISSION REPRESENTED ITS CHIEF EXECUTIVE OFFICER, KHADI & VILLAGE INDUSTRIES COMMISSION , 3, IRLA ROAD, VILE PARLE (WEST), MUMBAI-400 056. 2. UNION OF INDIA, REPRESENTED SECRETARY, MINISTRY OF MSME, GOVT.OF INDIA, UDYOG BHAVAN, NEW DELHI. R1 BY ADV. SRI.K.KESAVAN KUTTY, SC, KVIC. R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 32333 of 2008(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT SHOWING THE POSITION OF PAY/CADRE HIERACHY. EXT.P2: COPY OF THE STATEMENT SHOWING THE COMPARATIVE PAY SCALES OF POSTS UNDER AUDIT WING OF ACCOUNTS GENERAL'S OFFICE. EXT.P3: COPY OF THE ORDER NO.2/1(9) 87-ADM.II/414 DATED 16/07/1996. EXT.P4: COPY OF THE STANDING ORDER NO.1470 DATED 28/11/1990 OF THE 1ST RESPONDENT. EXT.P5: COPY OF THE PAY SCALES ADOPTED BY KVIC FOR THE POSTS SIMILARLY SITUATED WITH THE POST OF THE PETITIONERS. EXT.P6: COPY OF THE STANDING ORDER NO.1558 DATED 20/10/1997 OF THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER NO.DY. CEO (EC.R)/7/98 DATED 21/08/1998. EXT.P8: COPY OF THE JUDGMENT IN O.P. NO. 35210/2001 DATED 19/09/2007. EXT.P9: COPY OF THE ORDER ADM-II/251/2005-06 DATED 31-08-2005/09-09-2005. EXT.P10: COPY OF THE ORDER DATED 20/10/2008 OF 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE O.M.NO.7(34)E-III-A/97 DATED 02/12/1997 OF THE MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, GOVERNMENT OF INDIA. EXT.R1(b): COPY OF THE O.M.NO.7(23)/2008 E-III-(A) DATED 30/09/2008 OF THE MINISTRY OF FINANCE, DEPT. OF EXPENDITURE, GOVERNMENT OF INDIA. EXT.R1(c): COPY OF THE O.M.NO.7(18)-E-III DATED 04/05/1990 WITH EFFECT FROM 01/01/1986 OF THE MINISTRY OF FINANCE, DEPT. OF EXPENDITURE, GOVERNMENT OF INDIA. EXT.R1(d): COPY OF THE STANDING ORDER NO.1470 DATED 28/11/1990 OF THE 1ST RESPONDENT. EXT.R1(e): COPY OF THE O.M.NO./22036/1/92-ESTABLISHMENT DATED 30/11/1993 OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPT. OF PERSONNEL & TRAINING, GOVERNMENT OF INDIA. EXT.R1(f): COPY OF THE O.M. DATED 01/06/1998 OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPT. OF PERSONNEL & TRAINING, GOVERNMENT OF INDIA. (P.T.O.) WP(C).No. 32333 of 2008(Y) EXT.R1(g): COPY OF THE O.M. DATED 15/02/2001 OF THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, DEPT. OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA. EXT.R1(h): COPY OF THE STANDING ORDER NO.1684 DATED 17/06/1994 OF THE 1ST RESPONDENT. EXT.R1(i): COPY OF THE STANDING ORDER NO.1832 DATED 21/08/1998 OF THE 1ST RESPONDENT. EXT.R1(j): COPY OF THE STANDING ORDER NO.1895 DATED 17/05/2001 OF THE 1ST RESPONDENT. EXT.R1(k): COPY OF THE O.M. NO.1208/F.1/2003 DATED 31/07/2003 OF THE MINISTRY OF COMMERCE AND INDUSTRY, DEPT. OF INDUSTRIAL POLICY & PROMOTION, GOVERNMENT OF INDIA. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.32333 OF 2008 --------------------------------------- Dated this the 2nd day of February, 2011 JUDGMENT Petitioners 1 and 2 are holding the post of Auditor- I/Assistant Accountant and the 3rd petitioner is holding the post of Auditor Gr.II placed in the pay scale of Auditor-I/Assistant Accountant as per the Assumed Career Progression Scheme in the first respondent Khadi and Village Industries Commission. In this writ petition, their grievance is that in the matter of revision of pay scales as per the recommendation of the successive pay revision commissions, the petitioners have been given a raw deal insofar as the posts which were carrying the same scale of pay as that of the petitioners had been vastly increased in the service of the Commission itself and also for corresponding posts in the Central Government service. They have represented against this disparity for considering which the 1st respondent appointed a committee to consider the same and finding their grievance to be genuine recommended to the Central Government to give them W.P.(C)No.32333/08 2 upward revision of the scale of pay. But, the Central Government, by Ext.P10 order, refused permission for such upward revision of scale of pay. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P10 and quash that part of Ext.P10 rejecting up gradation of the pay scale of Auditors I and Assistant Accountants in terms of the 4th, 5th and 6th pay commission reports. ii) declare that the petitioners are entitled to get their pay scales upgraded inparity with the pay scale given to similarly placed employees under respondents 1 and 2 who were having the same scale of pay as that of the petitioners as per 4th pay commission report and whose pay scale had been upgraded as per 5th pay commission reports. iii) issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents to upgrade the scale of the petitioners at par their counter parts working under the respondents and also in various instrumentalities under the second respondent with effect from 1-1- 1996 give them all benefits accordingly including the financial benefit such as arrears of pay etc. without any further delay” 2. Counter affidavit and additional counter affidavit have been filed by the first respondent, wherein although they support the claim of the petitioners, they take the contention that they cannot give revision of scale of pay to the petitioners without sanction from the Government and the Government W.P.(C)No.32333/08 3 has not accorded sanction for such upward revision. The Government has not chosen to file any counter affidavit. 3. I have considered the rival contentions in detail. As far as the parity in scales of pay between the posts held by the petitioners and allegedly corresponding posts in the Central Government, particularly in the Accountant General's Office, I do not think that such contention can be countenanced, insofar as there is no law stipulating that every time the Government gives higher scale of pay to a particular post, corresponding posts in the autonomous bodies like the Commission should also carry corresponding scales of pay. But I do find that great injustice has been done to the petitioners insofar as there is a wide disparity in the revision of scales of pay among the posts in the first respondent Commission itself, which is demonstrated by Ext.P5, which are pay scales adopted by the Commission for various posts similarly situated pursuant to three Pay Commission reports. The genuineness of the information contained in Ext.P5 is not disputed by the first respondent. Ext.P5 reads thus: W.P.(C)No.32333/08 4 “PAY SCALES ADOPTED BY KVIC FOR THE POSTS SIMILARLY SITUATED WITH THE POST OF PETITIONERS. Equivalent posts in KVIC Pay scales adopted by KVIC as per the recommendations various Pay Commissions 4th CPC 5th CPC 8th CPC(under implementation) Legal Assistants Rs.1400-40-1600- 50-2300/- Rs.4500-125- 7000/- and Subsequently revised to Rs.5000-150- 8000/- Rs.9300-34800/- with grade pay of Rs.4200 Eco-Investigator-II Rs.1400-40-1600- 50-2300/- Rs.4500-125- 7000/- and Subsequently revised to Rs.5000-150- 8000/- Rs.9300-34800/- with grade pay of Rs.4200 Stenographers Rs.1400-40-1600- 50-2300/- and subsequently revised to Rs.1400- 40-1600-50-2300- 60-2600/- Rs.5000-150- 8000/- Rs.9300-34800/- with grade pay of Rs.4200 Auditor-I/ Asst.Accountant Rs.1400-40-1600- 50-2300/- Rs.4500-125- 7000/- Rs.5200-20200/- with grade pay of Rs.2800 From the same, it can be seen that all of the five posts originally carried the same scale of pay of Rs.1400-2300/- as per the recommendations of the 4th Central Pay Commission. As per the recommendations of the 5th Central Pay Commission, Stenographers were given a slightly higher scale of pay than the others. But, when it came to the implementation of the recommendations of the 6th Central Pay W.P.(C)No.32333/08 5 Commission, all of the other posts including the post of Drivers Gr.I got the scale of pay of Rs.9300-34800/- whereas the post of the petitioners were given only the scale of pay of Rs.5200- 20200/-. I do not think that any elaborate hairsplitting discussion is necessary to find that the same is nothing but injustice. In fact, the others were given almost double that of the petitioners which cannot be for a post which carried the same scale of pay for years together. In that view, Ext.P10 is clearly unsustainable, insofar as it had not taken into account the said injustice done to the petitioners. Accordingly, Ext.P10 to the extent it relates to the scale of pay of the petitioners is quashed. The second respondent is directed to pass fresh orders in accordance with the observations made in this judgment, implementing the recommendations made by the first respondent in the matter of revision of scales of pay of the petitioners. The same shall be done and orders passed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.32333/08 6 W.P.(C)No.32333/08 7