IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 2665 of 2005(P) ------------------------- PETITIONER: ------------ D. SANKARANKUTTY, CHAIRMAN, KERALA AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. BY ADV. SRI.M.C.MADHAVAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SECRTARY TO GOVERNMENT, TAXES (D) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON 27/06/2008 DELIVERED THE FOLLOWING: APPENDIX P1: TRUE COPY OF G.O. DT.7.3.1979. P2: .DO. DT.30.6.1980. P3: .DO. DT.2.6.1993. P4: .DO. DT.29.6.2002. P5: TRUE COPY OF G.O. DT.15.6.2002. P6: TRUE COPY OF JUDGMENT DT.14.11.1986 IN OP NOS.7488/83 AND 3157/84. P7: TRUE COPY OF JUDGMENT DT.5.7.91 IN WRIT APPEAL NO.359/1989. P8: TRUE COPY OF REPRESENTATION DT.20.9.2002 SUBMITTED BY PETITIONER TO THE RESPONDENT. P9: TRUE COPY OF REPRESENTATION (REMINDER) DT.24.7.2003 SUBMITTED BY PETITIONER TO THE RESPONDENT. P10: TRUE COPY OF JUDGMENT DT.5.12.2003 IN O.P. NO.8974/2003. P11: TRUE COPY OF JUDGMENT DT.20.1.2004 IN W.P.(C) NO.2211/2004. P12: TRUE COPY OF LETTER DT.3.6.2004 ISSUED TO PETITIONER BY RESPONDENT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.2665 of 2005 .................................................................... Dated this the 27th day of June, 2008. JUDGMENT Heard counsel for the petitioner and the Government Pleader. The petitioner as Chairman of the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal, claimed salary and allowances at par with District Judge as the qualification required for appointment as Chairman is that of a District Judge. The petitioner has relied on decisions of this court and precedent in another case where the Government has given same benefits to former Chairman of the Tribunal. The Supreme Court has ordered grant of similar benefits to Industrial Tribunals vide judgment in STATE OF KERALA V. B.RENJITH KUMAR (2008(2) KHC 854(SC). Decision on petitioner's representation was deferred by the Government vide Ext.P12 dated 3.6.2004 only because of pendency of the SLP which is now disposed of by the judgment abovereferred. In view of disposal of the SLP, Government has to now consider petitioner's representations Exts.P8 and P9 without any delay and based on decisions of this court affirmed by the Supreme Court. The W.P. is accordingly disposed of directing the respondents to take a decision in petitioner's case based on his 2 representations and judgment of the Supreme Court and grant monetary benefits within a period of two months from the date of production of copy of this judgment. C.N.RAMACHANDRAN NAIR Judge pms