IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 28236 of 2006(J) -------------------------- PETITIONER: ------------ 1. VIJAYAKUMARAN. V., LIBRARY ASSISTANT, INSTITUTE OF MANAGEMENT IN GOVERNMENT THIRUVANANTHAPURAM. 2. SASIDHARAN NAIR. K., LIBRARY ASSISTANT, INSTITUTE OF MANAGEMENT IN GOVERNMENT, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS (AR-13) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, INSTITUTE OF MANAGEMENT IN GOVERNMENT, THIRUVANANTHAPURAM. BY ADV. SMT.V.P.SEEMANDINI SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SRI.T.R.RAJESH SMT.K.P.GEETHA MANI SMT.T.B.REMANI BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC28236/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT EXTRACT OF THE MEMORANDUM OF ASSOCIATION AND RULES OF THE INSTITUTE. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS NO.122/87/ING DATED 14.8.1987. EXT.P3: COPY OF THE OFFICE ORDER NO.ADMN.(PF) 161/KSN/97/IMG DATED 22.1.1997. EXT.P4: COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF 79TH MEETING OF THE EXECUTIVE COMMITTEE DATED 15.7.1998. EXT.P5: COPY OF THE LETTER NO.ADMN/A1/98/IMG DATED 23.11.1998 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE LETTER NO.FA3/99/IMG DATED 29.12.1999. EXT.P7: COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER. EXT.P8: COPY OF THE LETTER NO.1276/A1/2001/IMG DATED 19.2.2001 OF THE 2ND RESPONDENT. EXT.P8(a): COPY OF THE REPRESENTATION OF THE EMPLOYEES OF THE IMG. EXT.P9: COPY OF THE G.O.(P) NO.3000/98/FIN DATED 25.11.1998. EXT.P10: COPY OF THE LETTER NO.D.O.1276/A1/2001/IMG DATED 23.7.2002 OF THE 2ND RESPONDENT. EXT.P11: COPY OF THE LETTER NO.1989/A1/06/IMG DATED 19.6.2006 OF THE 2ND RESPONDENT. EXT.P12: COPY OF THE G.O.(MS) NO.15/2006/P&ARD DATED 25.9.2006. EXT.P13: COPY OF THE PROCEEDINGS NO.1019/2006/IMG DATED 5.10.2006. EXT.P14: COPY OF THE RELEVANT EXTRACT OF G.O.(P) NO.145/2006/FIN DATED 25.3.2006. RESPONDENTS' EXHIBITS: EXT.R2(a): COPY OF THE LETTER DATED 12.7.2001 BY THE FIRST RESPONDENT. EXT.R2(b): COPY OF THE LETTER DATED 25.10.1999 ISSUED BY THE FIRST RESPONDENT. EXT.R2(C): COPY OF THE SPECIAL RULES FOR KERALA COMMON POOL LIBRARY SUBORDINATE SERVICE. EXT.R2(d): COPY OF THE LETTER DATED 1.2.2007 SENT BY THE SECOND RESPONDENT. EXT.R2(e): COPY OF THE LETTER DATED 1.6.2007 ISSUED BY THE FIRST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE V.GIRI, J. ------------------------------------------- W.P.(C).No.28236 of 2006 ------------------------------------------- Dated this the 11th day of February, 2008 JUDGMENT Petitioners are working as Library Assistants in the Institute of Management in Government. There is a pervasive control of the Government over the functioning of the second respondent, it is contended. Issue raised in the writ petition relates to the revision of scale of pay of Library Assistants in the Institute of Management in Government. Claiming parity with the scales of pay of Librarians in the Subordinate Service, governed by the Kerala Common Pool Library Subordinate Service Rules, 2003, a proposal for revision in the scale of pay of Library Assistants in the IMG was originally mooted in the year 1997 itself. What survives for consideration is a proposal which is pending with the Government pursuant to the pay revision order in 2006. 2. Exts.P4, P5 and P6 proposals made by the institute, proposing revision in the pay of Library Assistants to attain parity with the pay scale of librarians in the Common Service. WPC28236/2006 2 The specific request was that the scale of pay of the Library Assistants in the institute may be equated to common pool librarians and the revised scale of pay of the librarians in the common pool brought about by the General pay revision order dated 25.3.2006 may be made applicable. It is the case of the petitioners that by Ext.P12 order passed by the Government on 25.9.2006, the Government conveyed that it had examined the proposal in detail and were pleased to order revision of the pay and allowances of the Non-Academic staff of IMG as given in Annexure I. The revised scale of pay of Librarian Grade I, II, III and IV is mentioned in Ext.P12. According to the petitioners, this is on a par with the librarians in the institute. They therefore seek the implementation of Ext.P12. Apparently, the proposal for such implementation has not been approved so far. This is also questioned in the writ petition. 3. A counter affidavit has been filed by the Government and the second respondent separately. The main thrust of the submissions made in the counter affidavit is that apparently the Government was under the wrong impression that the revision in the scales of pay sought for by the second respondent was on the WPC28236/2006 3 premise that there are corresponding posts in the Government. What was therefore sought was a parity of pay scale, on the assessment that the post of Library Assistants in the second respondent is the same as librarian in the common pool service. When this defect was noticed, appropriate steps were taken by the Government to intimate the IMG that application of the revised scale of pay as mentioned in Ext.P12 can be permitted only if the posts similar to that of librarians in the common pool are available in the second respondent. This will therefore require upgradation in the existing posts of Library Assistants in the second respondent as posts equivalent to the post of Librarian in the Common Pool Library Service. This is the gist of submission made by the first respondent and the second respondent. 4. I heard counsel on both sides. In my view, the Government is to first consider whether approval could be granted for upgrading the posts of Library Assistants in the Institute. 5. For all these reasons, the writ petition is disposed of directing the second respondent to forward the proposal for WPC28236/2006 4 upgrading the post of Library Assistants Grade I to IV with a similar posts in the Common Pool Library Service. The proposal in this regard may be sent by the second respondent to the first respondent within a period of two months from today. On receipt of the same, the first respondent shall pass orders in the matter of approval of the proposal for upgradation and if approval is granted, the scale of pay as directed in Ext.P12 may be made applicable to the corresponding posts in the second respondent. I make it clear that the adoption of scale of pay of Ext.P12 will depend upon the decision to be taken by the Government on the proposal sought for upgrading the posts of Library Assistants in the IMG with the corresponding posts in the common service. Government may take a decision within a period of four months from the date of receipt of the proposal for approval, to be submitted by the second respondent. V.GIRI, JUDGE csl