IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 OP.No. 13535 of 2002(J) ----------------------- PETITIONER(S): --------------- M.V.BHASY, RETIRED HEAD OPERATOR, KERALA WATER AUTHORITY, PATHIYAPARAMBIL HOUSE, MADATHUMPADY P.O., THRISSUR DISTRICT, KERALA. BY ADV. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE, THIRUVANATHAPURAM. ADV. SRI.C.UNNIKRISHNAN, SC, KWA FOR R1 GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 13535/2002. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.23.3.91 OF PAY FIXATION. P2. COPY OF THE ORDER DTD.7.8.91 ISSUED BY R1. P3. COPY OF THE LETTER DTD.7.8.91 BY THE EXE. ENGINEER. P4. COPY OF THE ORDER DTD.24.7.96 BY THE DEPT. P5. COPY OF THE LETTER DTD.13.10.99. P6. COPY OF THE REPRESENTATION DTD.6.6.01 TO R1. P7. COPY OF THE JUDGMENT N O.P.No. 25012 OF 2001 OF THIS COURT. P8. COPY OF THE ORDER DTD.2.11.01 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 13535 of 2002 ================== Dated this the 9th day of March, 2010 J U D G M E N T The petitioner entered service of the Public Health Engineering Department of the Government of Kerala as a Pump Operator in 1974. His service was regularised on 1.11.1977. Later on, when the Kerala Water Authority was formed, he was absorbed into the service of the Kerala Water Authority. He was granted 10 year higher grade with effect from 1.11.1987. By Ext.P2, 50% of the existing Operators were re-designated as Head Operators. The petitioner was also nominated as Head Operator, as per Ext.P3 order. The petitioner became entitled to 18 year higher grade with effect from 1.11.1995. The same was granted to the petitioner in the scale of pay of Rs.1760-3050, by Ext.P4 dated 24.7.1996. While the petitioner was drawing salary in that scale, the Government of Kerala issued G.O(P)No.54/99/IrD/ dated 19.8.1999 revising the scale of pay of the employees of the Kerala Water Authority with effect from 1.3.1997. Note 13 to Annexure II of the said order provided thus: “The post of Senior Operator/Head Operator having the same scale of pay will be separated as the Senior operator and the Head Operator with two different scales of pay. The post of the Senior Operator will be the ratio promotion post for all the Operators. The ratio between the Operator and the Senior Operator will be 5:1. The Senior Operator will be allowed the scale of pay equal to the existing scale of pay of Senior Operator/Head Operator. The post of the Head Operator will be the promotion post from the post of the Senior Operators who have the requisite qualifications for the post of Mechanical Superintendent. The ratio between the Senior Operator and the Head Operators will also be 5:1. The Head Operator will be allowed the scale of pay equal to the existing scale of pay of the Mechanical Superintendent (Existing scale Rs.1760-3050 and the revised scale Rs.5635-9135). However, total of the existing strength of Operators/Senior Operators/Head Operators should o.p.13535/02 2 not exceed on this account. These modifications will take effect from 1.3.1997.” 2. According to the petitioner, in accordance with that note, the petitioner became entitled to the scale of pay applicable to Mechanical Superintendent, viz, Rs.6935-11460 with effect from 1.3.1997. That was not given to the petitioner is his complaint in this original petition. 3. The respondents took the stand that the petitioner is entitled to only the scale of pay of Rs.5635-9135. Ext.P5 order dated 13.10.1997 was issued to that effect. The petitioner filed another representation, Ext.P6, which, by Ext.P7 judgment by this Court, was directed to be disposed of. Pursuant thereto, Ext.P8 order dated 2.11.2001 was issued holding that the petitioner is entitled to the scale of pay of only Rs.5635-9135 and he would become entitled to the scale of pay of Rs.6935-11460 only when he becomes entitled to the third higher grade on completion of 23 years. It is under the above circumstances, this original petition is filed challenging Exts.P5 and P8. 4. According to the petitioner, as per Note 13 to Annexure II of the pay revision order, the petitioner is entitled to the scale of pay of Mechanical Superintendent, which is Rs.6935-11460, which cannot be denied to the petitioner. The petitioner would further submit that this Court in O.P.No.4490/2000 and W.P.(C).No.22119/2003 has given the said benefit to 26 other similarly placed Head Operators. The o.p.13535/02 3 petitioner, therefore, seeks the following reliefs: “(a) Issue a writ of certiorari or any other writ, order or direction calling for the records leading to Exhibit P8 order issued by the first respondent and quashing the same as illegal; (b) Issue a writ of mandamus or any other writ, order or direction declaring the petitioner is entitled to get the pay scale of Rs.6935- 11460 with effect from 1.3.1997 and direct the respondents accordingly. (c) Issue a writ of mandamus or any other writ order or direction directing the respondents to give the benefits of the declaration in para (a) above with arrears thereof and re-fix the pension and other pensionary benefits accordingly.” 5. A statement has been filed by the respondents, wherein the contention taken is that the pay revision order was subsequently modified by the Government by G.O(P) No.18/4/WRD dated 18.3.2004 with effect from 1.3.1997, whereby the scales of pay were regulated as follows: Operator : Rs.3440-5305 Head Operator : Rs.4710-7710 Mechanical Supdt. : Rs.5635-9135 Mechanical Supdt. (H.G.). : Rs.6935-11460 By that order, the scale of pay of the Mechanical Superintendent was fixed as Rs.5635-9135 with effect from 1.3.1997. Therefore, the petitioner is entitled to only that scale of pay, is the contention raised. 6. I am at a complete loss to understand how this revised Government order can be implemented at all. If it is so, the Kerala Water Authority would have two sets of head operators, one having the scale of pay of Rs.5635-9135 and another drawing the scale of pay o.p.13535/02 4 of Rs.6935-11460, which would certainly be an anomaly. It also defies logic as to how the existing employees can be asked to have a lower scale of pay than what they are drawing pay in. This is all the more so, since in O.P.No.4490/2000 and W.P.(C).No.22119/2003, identically situated Head Operators have been directed to be paid the scale of pay of Rs.6935-11640. That benefit cannot now be taken away from them without getting the judgment appropriately modified. That scale of pay has also been given to Head Operators who have completed 18 years of service. That being so, I am of opinion that despite the amendment relied upon by the respondents, the petitioner cannot be denied the benefit given by this Court to similarly situated Head Operators. In fact the petitioner has filed this writ petition in 2002. Those persons who subsequently filed W.P.(C).No.22119/2003 were also granted the same benefit. If this writ petition was heard along with either O.P.No. 4490/2000 or W.P.(C).No. 22119/2003, the respondents could not have invoked the later Government order. As such, the petitioner cannot be denied that benefit. How the respondents are going to synchronise the situation in the light of the later Government order is their headache. Since the situation is their making, it is for them to find out a solution. The petitioner cannot be denied the benefit in any event. Therefore, I hold that the petitioner is entitled to the scale of pay of Rs.6935-11460 with effect from 1.3.1997 as in the case of the petitioners in O.P.No.4490/2000 and o.p.13535/02 5 W.P.(C).No.22119/2003. Orders in this regard shall be passed and arrears disbursed to the petitioner by the competent among the respondents, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The original petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 13535 of 2002-J ================== J U D G M E N T 9th March, 2010