IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Con.Case(C).No. 1373 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27417/2006 .................... PETITIONERS/PETITIONERS: ------------------------------ 1. P. VALSARAJ, AGED 40, S/O. R. NARAYANAN SCIENTIST -B, ANERT, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM -4. 2. V. KAMALA DEVI, AGED 38, W/O. J.S. JAYAKUAR, SCIENTIES - B, ANERT, PATTOM P.O., KESAVADASAPURAM THIRUVANANTHAPURAM -4. BY ADV. MR.G.SASIDHARAN CHEMPAZHANTHIYIL MR.S.VISHNU RESPONDENT/2ND RESPONDENT: ------------------------------------ SHRI K.K. VIJAYAKUMAR I.A.S, THE PRINCIPAL SECRETARY, POWER (PS) DEPT., GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.K.SANIL KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ C.O.C.No.1373 Of 2009 in W.P.(C).No.27417 of 2006 -------------------------------- Dated this the 27th day of May, 2010. J U D G M E N T Pursuant to the order of this Court dated 1.2.2010, the Principal Secretary, Power (PS) Department, Government of Kerala, had filed a detailed affidavit and reported to this Court that all the allowances stated as per CSIR, approved by the State Government, have already been allowed to the petitioners up to the previous pay revision and for the revision with effect from 1.1.2006, action will be taken and all arrears arising will be paid to them within a month of implementing the pay revision in ANERT for the Scientists. 2. In paragraph 5 of the affidavit the deponent brought to the notice of this Court that the Scientists are getting their allowances at the rates as applicable to CSIR scale. In certain scientific organizations, Transport Allowances are being paid instead of CCA. Paragraphs 6 & 7 of the affidavit are extracted below: C.O.C.No.1373 Of 2009 ::2:: 6. The pay and allowances of the Scientific and Technical staff of KSCSTE and the scientific institutions who were drawing CSIR Scales of Pay in accordance with CSIR norms have been revised with effect from 1.1.06 vide G.O.(MS) No.1/2010/S&TD dated 8.1.2010. However steps for extension of the same to ANERT is being taken for which a period of one month would be required as orders have to be taken on circulation of the same to various departments including finance department and for final decision by Council of Ministers. 7. It is respectfully submitted that the merger of 50% DA with Basic Pay is part of the CSIR pay revision. This is an issue already considered and sanctioned by Government of Kerala in respect of the Science Technology and Environment Department and the arrears in respect of above have already been paid to the petitioners up to date. CCA is now being given as per the rates given to other scientists in Science Technology and Environment Department of Government of Kerala which is in accordance with CSIR pattern. The revision given effect to as per G.O.(MS) NO.1/2010/S&TD dated 8.1.2010 will be implemented as indicated above within a period of one month of taking a decision by the Government. HRA is being paid to scientists in ANERT on par with the CSIR at the rate of 15% of Basic Pay plus Dearness Pay. C.O.C.No.1373 Of 2009 ::3:: Transport Allowance has never been allowed to employees of ANERT including the scientists from the inception itself and therefore transport allowance extended to the scientists in Science Technology and Environment Department as per CSIR pattern will be given to the petitioners also as per G.O.(MS) No.1/2010/S&TD dated 8.1.2010 which was not in force at the time of judgment. There are no LTC and Incentives for higher qualification in the CSIR pattern as approved by the Government of Kerala. In the light of the detailed affidavit stating the position, the contempt case is closed. If the petitioners are aggrieved by any orders passed hitherto, it is open to them to challenge such orders, if so advised. HARUN-UL-RASHID, Judge. bkn/-