IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 OP.No. 8278 of 2001(I) ---------------------- PETITIONER(S): -------------------- P.V.RAVINDRANATH, DEPUTY YOUTH WELFARE OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): --------------------- 1. THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION (S&YA) DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 2. SECRETARY TO THE GOVERNMENT OF MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF YOUTH AFFAIRS AND SPORTS, GOVERNMENT OF INDIA, NEW DELHI. ADV. SRI.DINESH R.SHENOY, ADDL.CGSC FOR R2 SRI.CYRIAC KURIAN, CGSC FOR R2 GOVT.PLEADER SRI.ANTONY MUKATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.8278/01 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF ORDER GO(MS) NO.210/76/G.EDN. DT 30.10.76 OF THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT GO(RT) 588/93/EDN. DT 8.2.93 TO THE PETITIONER. EXT.P3: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT 19.5.86. EXT.P4: TRUE COPY OF ORDER OF THE 2ND RESPODNENT DT 4.8.88. EXT.P5: TRUE COPY OF ORDER OF THE 1ST RESPONDETN NO.15985/SY3/93/G.EDN. DT.12.8.97 TO THE PETITIONER. EXT.P6: TRUE COPY OF REPRESENTATION OF THE PETITIOERN TO THE 1ST RESPODNETN DT 5.6.98. EXT.P7: TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT DT 25.11.99. EXT.P8: TRUE COPY OF JUDGMENT IN OP 9072/2000 DT 24.3.2000 OF THIS HON'BLE COURT. EXT.P9: TRUE COPY OF ORDER IN CMP NO.18944/2000 IN OP NO.9072/2000 DT 7.4.2000 OF THIS HON'BLE COURT. EXT.P10: TRUE COPY OF ORDER OF THE GOVT. OF KERALA NO.29133/SY3/98/G.EDN DT 12.12.2000 TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ O.P. NO. 8278 OF 2001 (I) ===================== Dated this the 22nd day of October, 2009 J U D G M E N T Petitioner was an NDS instructor working in the various schools in the State as part of the NDS programme of the Government of India. While so, by Ext.P1 order of the Government of Kerala, NDS instructors like the petitioner were absorbed into the State Service w.e.f. 1/11/1976. Ext.P1 provided interalia that the pay and allowances drawn by them just before absorption will be given protection. Accordingly, petitioner was absorbed into the Government service and pay was also fixed giving protection as provided in Ext.P1. After his absorption in the state service, by Ext.P2, he was ordered to be promoted as NDS Instructor Senior Grade II with retrospective effect from 11/8/1966. Still later, by Ext.P3 and by Ext.P4 dated 4/8/1988, pay revision was extended to NDS instructors like the petitioner w.e.f. 1/1/1973. As a result of all these, the petitioner became entitled to be paid revised salary as applicable to NDS Instructor Senior Grade II w.e.f. 1/1/1973. 2. In so far as NDS Instructor Senior Grade II are OP No.8278/01 :2 : concerned, the scale of pay revised was as 440-750. Petitioner submits that the revised scale was extended to him by the Central Government for the period 1/1/73 to 1/11/1976 and that for the period from 1/11/1976, State Government paid him in the scale Rs.285-540. He represented the matter before the State Government. That was ordered to be considered by this Court in the judgment in OP No.9072/2000. Accordingly, the matter was reconsidered and Ext.P10 order was issued stating that only those who come in the direct line of HSA eligible for promotion as Headmaster, are eligible for the scale claimed by them. It is challenging Ext.P10, the writ petition is filed. 3. Ext.P1 order of absorption itself show that those absorbed will be given protection of pay. It was pursuant to this order that the petitioner was absorbed into the state service w.e.f. 1/11/76. By Ext.P2, he was also promoted as NDS Instructor Senior Grade II w.e.f. 11/8/1966. As a result of Exts.P3 and P4 orders, pay of NDS Instructor Grade II stood revised to the scale Rs.440-750 w.e.f. 1/1/73. If that be so, petitioner is entitled to get protection of pay as revised with effect from 1.1.73, which was much prior to the date he was absorbed in the state service. As a OP No.8278/01 :3 : necessary consequence, petitioner was entitled to have his pay fixed in the revised scale of Rs.440-750 w.e.f. 1/11/1976 extending him the benefit of pay protection. 4. Necessarily therefore, the consequential benefits will also have to be worked out and paid. This the 1st respondent shall do, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. It is clarified that once amount is paid as above, in view of the provisions contained in Ext.P1 order, it will be open to the 1st respondent to claim reimbursement from the 2nd respondent. Original petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp