IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 5132 of 2000(J) ---------------------------------- PETITIONERS: ---------------------- 1. C.V. VELAYUDHAN NAIR, JUNIOR EXECUTIVE (ACCOUNTS), CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY, CHITRANJALI STUDIO COMPLEX, THIRUVALLAM, THIRUVANANTHAPURAM – 695 027. 2. REGI V.MATHEW, JUNIOR EXECUTIVE (PURCHASE) ..DO..DO... BY ADV. SRI.S.EASWARAN RESPONDENT: --------------------- CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY, CHITRANJALI STUDIO COMPLEX, THIRUVALLAM, THIRUVANANTHAPURAM – 695 027, REPRESENTED BY THE DIRECTOR AND EXECUTIVE CHAIRMAN SHRI.P. GOVINDA PILLAI. BY ADV. SRI.MATHEW ZACHARIAH SRI.C.S.AJITH PRAKASH, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NOS.8562, 24493 AND 39442/2000 IN O.P.NO.5132/2000 J DISMISSED 11/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF PROCEEDINGS NO.C-DIT/01/PRO/96/1092 DTD. 24/07/1997 ISSUED BY THE REGISTRAR OF THE RESPONDENT. EXT.P2: COPY OF PROCEEDINGS NO.C-DIT/01/PRO/96/1093 DTD. 24/07/1997 ISSUED BY ...DO....DO..... EXT.P3: COPY OF PROCEEDINGS NO.C-DIT/01/PRO/2000/1315 DTD. 29/01/2000 ISSUED BY THE REGISTRAR IN-CHARGE OF THE RESPONDENT. EXT.P4: COPY OF PROCEEDINGS NO.C-DIT/01/PRO/99/1310 DTD. 7/12/1999 ISSUED BY THE REGISTRAR OF THE RESPONDENT. EXT.P5: COPY OF PROCEEDINGS DTD. MAY 24.2000 ISSUED BY THE REGISTRAR OF THE RESPONDENT. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE NOTIFICATION 31/03/1997 ISSUED BY THE REGISTRAR, C-DIT. EXT.R1(B): COPY OF THE RELEVANT EXTRACT OF UNNERIKUTTY REPORT (QUALIFICATIONS AND PAY SCALES AND PROMOTION POSTS). EXT.R1(C): COPY OF THE MINUTES OF THE INTERVIEW OF 1ST PETITIONER. EXT.R1(D): COPY OF THE MINUTES OF THE INVERVIEW OF 2ND PETITIONER. EXT.R1(E): COPY OF THE RELEVANT PAGE OF AUDIT REPORT OF C-DIT DURING THE YEAR 1996-97. EXT.R1(F): COPY OF THE PROCEEDINGS DTD. 29/01/2000 NO.C-DIT/01/PRO/ 2000/1315. RESPONDENT'S ANNEXURE: ANNEXURE A: COPY OF PROCEEDINGS DTD. MAY 24,2000 ISSUED BY THE REGISTRAR OF THE RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.5132 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 JUDGMENT Petitioners have approached this court feeling aggrieved by Ext.P3. Writ of mandamus is sought to recognise and implement the legitimate continuous service as Junior Executive (Management Services - Accounts) Grade IV in the case of the first petitioner and Junior Executive (Management services - Purchase Division) Grade IV with a starting basic pay of Rs.2240/- in the scale of pay of Rs.2000-60-2300-75-3200 in the case of the second petitioner. Ext.P3 is the proceedings of the respondent, by which it was decided that the additional increments granted to the petitioners and certain others shall be cancelled with effect from the respective dates of appointments in the new post. This is apparently done on the basis of the audit objection by the Accountant General. 2. Counter affidavit is filed. 3. I heard learned counsel appearing for the parties. Learned counsel for the respondent submits that Ext.P3 is the decision of the Executive Committee and if the petitioners are aggrieved by the same, it is open to them to approach the Governing Body of the respondent with an O.P. 5132/2000. 2 appropriate petition, and the Governing Body will look into the grievances of the petitioners. In such circumstances, the Original Petition is disposed of as under: If the petitioners represent their grievances before the Governing Body of the respondent within a period of six weeks from the date of receipt of a copy of this judgment, their grievances will be considered by the Governing Body of the respondent at their next meeting and a decision in accordance with law will be taken thereon as expeditiously as possible and at any rate within a period of two months from the date of the meeting of the Governing Body at which the grievances of the petitioners are considered. I leave open all the contentions of the petitioners. Interim order passed by this court will continue till a decision is taken as aforesaid. (K.M. JOSEPH, JUDGE) sb O.P. 5132/2000. 3 K.M. JOSEPH, J. ------------------------------------ O.P. No. 5132 OF 2000 ------------------------------------ JUDGMENT 11.1.2008.