IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 OP.No. 1755 of 1999(H) -------------------------------- PETITIONER: ------------------- 1. CENTRE FOR WATER RESOURCES DEVELOPMENT MANAGEMENT SCIENTISTS, FORUM, REG. NO.189/88, P.O. KUNNAMANGALAM, CALICUT, REP.BY ITS PRESIDENT, DR.K.E.SREEDHARAN, SCIENTIST E1, MANNED OBSERVATION STATIONS, CWRDM, CALICUT. 2. DR.K.VASU, SCIENTIST E1, NUCLEAR HYDROLOGY DIVISION, CWRDM, CALICUT. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, SCIENCE, TECHNOLOGY & ENVIRONMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. CENTRE FOR WATER RESOURCES DEVELOPMENT & MANAGEMENT KUNNAMANGALAM, CALICUT, REP.BY ITS EXECUTIVE DIRECTOR. 3. THE SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORMS (E), DEPARTMENT, THIRUVANANTHAPURAM. BY R1 TO R3 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI. SRI.P.SUKUMARAN NAYAR(SR.) SRI.G.UNNIKRISHNAN BY R2 ADV. SRI.G.P.SHINOD SRI.P.V.RAMESH SHANKAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/ 01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.1755/1999 ORDER ON CMP. NO.2911/1999 IN OP. NO.1755/1999 DISMISSED 21/01.2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SOCIETY. EXT.P2:- COPY OF THE OFFICE MEMORANDUM NO.1(6)/98-E-II(B) DT. 15TH SEPTEMBER 1998 OF THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE. EXT.P3:- COPY OF THE REPRESENTATION PREFERRED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT ON 21.10.98. EXT.P4:- COPY OF THE REPLY OF THE REGISTRAR, CENTRE FOR WATER RESOURCES DEVELOPMENT & MANAGEMENT TO THE PRESIDENT, IST PETITIONER IN THE ORIGINAL PETITION. EXT.P5:- COPY OF THE CIRCULAR NO.19286/E2/97/P&ARD DT. 13.6.98 OF THE IST RESPONDENT. EXT.P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT ON 30.11.98. EXT.P7:- COPY OF THE REPLY OF THE REGISTRAR CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT VIDE NO.AC2-98 DT. 8.12.98 TO THE IST PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss K. M. JOSEPH, J. ---------------------------------- O.P NO. 1755 OF 1999 H ----------------------------------- Dated this the 21st January, 2008 JUDGMENT First petitioner is an Association of Scientists working in the second respondent. They seek a direction to disburse to them the enhanced DA paid to Central Government employees in accordance with Ext.P2. Ext.P5 is a Circular issued by the Government under which the Government has clarified that Institutions/Bodies which are solely depending on grant-in-aid shall seek prior sanction of the Government before revision of DA. Acting on the basis of the said Circular, it is submitted that the petitioner has to get prior sanction as required for the grant of enhanced DA. A perusal of Ext.P7 shows that the stand is that the matter is engaging the attention of the Government and it is only on receipt of the decision from the Government that the matter can be further considered. 2. I heard the learned counsel appearing for the parties. As already stated, petitioner seeks a direction to disburse the OP NO.1755/99 H 2 revised DA in accordance with Ext.P2. Ext.P5 is sought to be declared as inapplicable in so far as the second respondent is concerned. There is also a prayer to quash Exts.P4 and P7. Again, a declaration is sought that the Executive Committee is empowered to revise the DA in accordance with Ext.P2 without consulting the State Government. Learned counsel for the second respondent points out that having regard to the subsequent developments, the relief sought for by the petitioners cannot be granted. 3. In the light of Ext.P7, the Writ Petition is disposed of directing the first respondent to take a decision in the matter after notice to the petitioners and also the second respondent. It is open to the second respondent to bring to the notice of the first respondent any subsequent development which is pertinent in taking a decision in the matter. A decision shall be taken within two months from the date of receipt of a copy of this Judgment, if not already taken. If a decision has already been taken by the Government and also the second respondent, it OP NO.1755/99 H 3 shall be communicated to the petitioner, if not already communicated. I also leave it open to the petitioners to challenge the decision if it is adverse to them. K. M. JOSEPH, JUDGE. kbk. K. M. JOSEPH, J. O.P NO. 1755 OF 1999 H JUDGMENT 21st January, 2008