IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 7066 of 2008(N) ------------------------------------- PETITIONERS: --------------------- 1. KERALA GOVERNMENT TOURISM DEPARTMENT VEHICLES STAFF ASSOCIATION, REPRESENTED BY SECRETARY SREEKUMARAN NAIR, TOURISM GARAGE, THYCAUD, THIRUVANANTHAPURAM. 2. R.VENU, CHAUFFER, TOURISM GARAGE, THYCAUD, THIRUVANANTHAPURAM. BY ADV. MR.M.VIJAYAKUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, THIRUVANANTHAPURAM. 2. DIRECTOR OF TOURISM, VAZHUTHACAUD, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7066/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. DTD. 14/08/2006. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. DTD. 26/01/2007. EXT.P.3: COPY OF THE ORDER DTD. 21/06/2007. EXT.P.4: COPY OF THE ORDER DTD. 20/09/2007. EXT.P.5: COPY OF THE ORDER G.O.(MS).NO.409/08/G FIN. DTD. 06/09/2008. EXT.P.6: COPY OF THE ORDER G.O.(MS).NO.498/07/FIN. DTD. 11/10/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J. ----------------------------------------- W.P(C).No.7066 of 2008 ----------------------------------------- Dated this the 23rd March, 2009 JUDGMENT First petitioner is an association of Chauffeurs of the Kerala Government Tourism Department Vehicles, Thiruvananthapuram and second petitioner is a Chauffeur working in the Tourism Department and a member of the first petitioner association. They are aggrieved by the denial of special allowance and uniform allowance to the Chauffeurs of the Tourism Department, on a par with the Chauffeurs of Ministers, Leader of Opposition and the Chief Whip of the Government. The case of the petitioners is averred in paragraphs 4, 5 and 6 of the Writ Petition, which read as follows: “4. It is submitted that Chauffeur of Tourism Department are performing more onerous duties than chauffeur of other department. Their work is not limited to any specific time. They have to be on duty on all days at all times. Their main duty is to receive Very Important Persons and State Guests from Airports or Railway Station or at specified places. After the arrival of Guests, they are the WPC.7066/08 2 disposal of Guests. They have to obey the directions of take them to various destinations inside Kerala. They have to adhere strictly to the schedule of the Guests. They attend duty irrespective of any time schedule depending on the needs of the Guests. They have to receive guest at late and early morning hours. They are discharging very arduous duties without any complaint. Mostly the petitioners have no holidays. It is mostly during summer, Onam and Pooja and Christmas holidays the state witness maximum number of guests. The petitioners duty taken them to various posts of state. They have to away from their family members. They have to work even on public holidays as per requirement of guests. No compensatory leave is granted to them. In fact all guests are extremely pleased not only with the driving skills but also by their excellent conduct. The petitioners have to be alert at all times; sometimes they may have to forgo their lunch or dinner. They have no complaints. 5. It is submitted that the visit of President, Vice President and Prime Minister will put extra duties on the petitioners. They are under the control of State Police for more than four days. They have to be at high alert on all these days. The WPC.7066/08 3 petitioners are not complaining but only submitting that their grievance has not been considered by the 1st respondent. There is no comparative study in Pay Commission report. There is no reason why the Chauffeurs of other departments are granted higher pay special than the petitioners. Duties discharged by the petitioners are not in any manner less arduous if not more than the duties discharged by the drivers of the departments. The petitioners are not granted daily allowance nor any benefits. 6. The petitioners are Chauffeurs of Very Important Persons has to dress neatly. They have to wear white uniforms with white cap with shoes. The dress has to be spotlessly clean, especially since it is said that first impression is the best impression. The Government had sanctioned nine meter Terri cotton cloth, cap, two pair of socks, working allowance of twenty five rupees per month and shoes and stitching allowance of five hundred and ninety five only. Annexure A8 of Pay Revision Order refers to Uniform Allowance. Uniform Allowance is granted to all other employees of the Government. Uniform Allowance is not granted to the petitioners without any reason. In pay Revision Order it is stated thus: WPC.7066/08 4 “Those categories who have to wear uniform as per existing orders but have not been indicated in Annexure A8 will be paid. Uniform Allowance at the rate of Rs.700/- per annum (including cost of Uniform cloth, stitching charges and washing allowances). The existing practice of supply of uniform articles will be discontinued.” 2. Claiming such special allowance, petitioners moved Exhibits P1 and P2 representations before the Government, which have been rejected by cryptic one line orders, Exhibits P3 and P4, stating that they are not entitled to such special allowance. Exhibits P3 and P4 have been challenged in this Writ Petition. 3. The Government has filed a counter affidavit inter alia contending that the Pay Commission had examined the claim made by the petitioners for special allowance and uniform allowance. It is, therefore, that Chauffeurs in the Tourism Department have been paid special allowance of Rs.190/- per month. According to the petitioners, Chauffeurs of Ministers WPC.7066/08 5 and other dignitaries have been paid special allowance of Rs.320/- per month, as per the latest pay revision. 4. Petitioners further contend that though earlier they had also been given materials for stitching uniform, including nine meters of Terri cotton cloth and other accessories and stitching allowance, now, all they are being paid is a flat sum of Rs.700/- as uniform allowance and washing allowance of Rs.110/-. But, the Chauffeurs of the Ministers are still being given the materials and stitching charges as afore mentioned. They claim parity. If the facts stated by the petitioners, in the matter of similarity of the duties discharged by the Chauffeurs in the Tourism Department vis-a-vis the Chauffeurs of the Ministers, are correct, then the duties being discharged by the Chauffeurs in the Tourism Department would possibly be equally onerous. If that be so, then the allowances, including special allowance can also be the same. The matter requires a re-consideration at the hands of the Government. 5. Accordingly, Exhibits P3 and P4 are quashed and the first respondent is directed to reconsider the claim made by WPC.7066/08 6 the Chauffeurs of the Tourism Department for special allowance and uniform allowance on a par with the Chauffeurs of Ministers. The Government shall take a fresh decision in this matter within four months from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. V.GIRI, JUDGE vgs.