IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 27540 of 2007(S) -------------------------- OA.2601/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. C.N.ABDUL RAHEEM,AGED 37 YEARS, S/O. ABDUL AZEES,ENVIRONMNET WARDEN, (TECHNICAL ASSISTANT) DEPARTMENT OF ENVIRONMENT & FORESTS,UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 2. A.C.ABDUL JABBAR,S/O. P.C.ESSA, ENVIRONMENT WARDEN,DEPARTMENT OF ENVIRONMENT & FORESTS,KILTHAN ISLAND, UNION TERRITORY OF LAKSHADWEEP, 3. K.P.MOHAMMED,S/O. B.KADHER, ENVIRONMENT WARDEN,DEPARTMENT OF ENVIRONMENT & FORESTS,KADAMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP, 4. DR.K.SAYED ALI,S/O. SHABAN, ENVIRONMENT WARDEN,DEPARTMENT OF ENVIRONMENT & FORESTS,KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP, 5. P.SAYED SHAKE KOYA,S/O. SAYED MUHAMMED KOYA THANGAL,ENVIRONMENT WARDEN, DEPARTMENT OF ENVIRONMENT & FORESTS, KAVARATTI ISLAND,UNION TERRITORY OF LAKSHADWEEP, 6. K.P.CHERIYA KOYA,S/O. YAKUB, ENVIRONMENT WARDEN, DEPARTMENT OF ENVIRONMENT & FORESTS, ANDROTH ISLAND,UNION TERRITORY OF LAKSHADWEEP, BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE RESPONDENT(S): --------------- 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. 3. THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.2.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1 PHOTOCOPY OF O.A.260/06 FILED BY THE PETITIONERS BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DT.9.3.06 WITH ITS ANNEXURES. EXT.P2 PHOTOCOPY OF REPLY STATEMENT DT.22.8.06 FILED BY THE RESPONDENTS IN O.A. 260/06 WITH ITS ANNEXURES. EXT.P3 PHOTOCOPY OF ORDER DT. 19.7.07 IN O.A. 260/06 OF THE C.A.T., ERNAKULAM BENCH. EXT.P4 PHOTOCOPY OF CHAPTER 104 OF THE PAY COMMISSION REPORT. EXT.P5 PHOTOCOPIES OF LETTER F.NO.POST/2000-E & F DT.16.2.2000 1ST RESPONDENT AND THE 1ST PAGE OF ANN.A1 AND THE RELEVANT PAGE CONTAINING THE EXTRACTED STATEMENT. /TRUE COPY/ K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 27540 of 2007 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009 JUDGMENT Balakrishnan Nair, J. The petitioners are Environment Wardens/Technical Assistants working in the Union Territory of Lakshadweep. Their grievance is that they are not equated with the Forest Range Officers working under the Central Government in various Union Territories in the matter of grant of scale of pay. They filed Ext.P15 representation before the first respondent claiming that their scale of pay may be revised as Rs.5,500 - 9,000/-, which is presently drawn by the Forest Range Officers, instead of Rs.4,500 - 7,000/- 2. Feeling aggrieved by the failure to consider that representation, the Original Application was filed. After hearing both sides, the application was disposed of directing the applicants to approach the VI Pay Commission. The Ministry of Finance was also directed to consider their claim. W.P.(C).No. 27540 of 2007 2 3. Feeling dissatisfied with the order of the Central Administrative Tribunal, this writ petition was filed. They prayed to consider their claim and grant the scale of pay, as claimed by them. Relying on the principle equal pay for equal work, they submit that the qualifications and method of appointment for the post held by them and the Forest Range Officer are identical. Functions are also identical. Their claim is supported by the Administrator, Union Territory of Lakshasweep as also the Ministry of Environment and Forest. So this Court may issue appropriate directions to revise their scale of pay, it is prayed. 4. The respondents have filed a counter affidavit. They pointed out that initially the scale of pay of the petitioners was Rs.4,000 - 6,000/- w.e.f. 1.1.1996. But in 1999 it was revised as Rs.4,500 - Rs.7,000/- The Administrator, Union Territory of Lakshadweep pointed out that it is for the Ministry of Finance to take a decision on the claim of the petitioners. 5. The anomalies in the pay revision are matters to be dealt with by the government. The courts are ill-equipped to do that. Further, the above function being a pure executive function and having regard to W.P.(C).No. 27540 of 2007 3 the constitutional limitations on the power of this court, we feel that the matter requires consideration at the hands of the Ministry of Finance at the first instance. The petitioner may file a detailed representation before the Secretary, Ministry of Finance highlighting their grievances and also produce supporting materials for their claim for parity of pay with Forest Range Officers. If such a representation is filed, the Secretary, Ministry of Finance shall consider the same and pass orders thereon. If for any reason their claim is not accepted, needless to say, the third respondent shall pass a speaking order. The claim of the petitioners shall be considered and disposed of finally within a period of six months from the date of production of a copy of this judgment before the third respondent. 6. This Writ Petition is accordingly disposed of. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) tm Judge W.P.(C).No. 27540 of 2007 4