IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WA.No. 1778 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37570/2008 .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- STATE OF KERALA REPRESENTED BY ADDL.CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.BENNY GERVASIS RESPONDENT(S): PETITIONERS & RESPONDENT NO.2 -------------------------------------------- 1. K.P.LATHIKA, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 2. O.N.LEELA, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 3. P.AJITHA KUMAR, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 4. P.N.GIREESAN, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 5. SURESHAN PULIKKAL, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 6. V.G.MUKUNDAN, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 7. K.G.RAJESWARI, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 8. M.K.SURESH KUMAR, SELECTION GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 9. V.R.SADASIVAN, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 10. A.A.MARY, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 11. P.UNNIKRISHNA PILLAI, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 12. K.N.PREMANATHAN, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 13. A.AJITH KUMAR, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 14. K.A.AMJATH, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 15. M.A.MOHAMMED EQUBAL, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 16. C.KRISHNA KUMAR, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 17. JOSEPH A VARGHESE, SENIOR GRADE TYPIST-COPYIST, HIGH COURT OF KERALA, ERNAKULAM. 18. S.NARAYANA IYER, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 19. K.S.JOSEPH, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 20. V.BHARATHARAJAN, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 21. S.GEETHA, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 22. P.B.AZAD, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 23. V.SURESH BABU, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 24. K.K.SAFIYA, TYPIST-COPYIST GRADE-I, HIGH COURT OF KERALA, ERNAKULAM. 25. N.SATHI, TYPIST-COPYIST GRADE-II,HIGH COURT OF KERALA, ERNAKULAM. 26. T.B.SANTHOSH, TYPIST-COPYIST GRADE-II,HIGH COURT OF KERALA, ERNAKULAM. 27. PREETHA P.G., TYPIST-COPYIST GRADE-II, HIGH COURT OF KERALA, ERNAKULAM. 28. THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31, REPRESENTED BY ITS REGISTRAR GENERAL. ADV.SRI.K.JAJU BABU. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. -------------------------------------------- W.A. No.1778 of 2009 ---------------------------------------------- Dated 18th August, 2009. J U D G M E N T Kurian Joseph, J. C.M.Appln. No.820/2009 : Heard. Allowed. This is an appeal filed by the State, aggrieved by the judgment dated 18.2.2009 of the learned Single Judge in W.P.(C) No.37570/2008. The writ petitioners challenged Ext.P1 Government Order in the matter of grant of Special/Compensatory Allowance. As per the said order, the Government granted Special/Compensatory Allowance in respect of ten categories of employees in the High Court Service with effect from 25.7.2005, the date of the order. The petitioners belong to the first category, viz., Typist Copyist. At the outset, we may note that in respect of other categories who had approached this court and who are covered by Exts.P2, P3, P4 and P6 judgments, the Government has implemented the directions and has granted the Special/Compensatory Allowance to the employees with effect from 1.11.1998. It is unfortunate that the Government has driven all the employees to file separate WA NO.1778/09 2 writ petitions once the Government had decided to implement one judgment in respect of the same issue. The earliest judgment is dated 15.3.2004, wherein this court dealt with the entire issues and rendered a considered judgment. Even thereafter, it is seen that the employees had to approach this court batch by batch to get the benefit. It will not also be out of context to note that in the case of employees in the Secretariat, without any order from this court, the Government had granted the Special/Compensatory Allowance with effect from 1.11.1998. The only difference, as strenuously pointed out by the learned Senior Government Pleader, is that in the case of those employees, the Government Order itself granted the benefit with effect from 1.11.1998. Precisely for that reason we again note that it is unfortunate that the employees of the High Court are discriminated. 2. It is also to be noted that the State itself had approached this court seeking time to implement the order. Yet with all these, the learned Senior Government Pleader vehemently contended that for the only reason that the State had WA NO.1778/09 3 sought for extension of time for implementation of the order, it cannot be taken that the impugned order cannot be challenged on merits. Reference is invited to the decision of the Supreme Court in Honbe Gowda Educational Trust v. State of Karnataka (2006(1) SCC 430). 3. We cannot have any quarrel with the proposition. But the question is on the propriety, nay the justification for the challenge. Still further, it is contended that mainly for the reason that some orders have not been challenged, it cannot be said that the Government is prevented from challenging the same issue in the case of others. Reference is invited to the decision of the Supreme Court in State of Maharashtra v. Digambar reported in 1995(4) SCC 683 and also the decision in Gangadharan v. Commissioner of Income Tax, Cochin [2008(3) KLT 472 (SC)]. We cannot have any quarrel with the said propositions also, even on facts. But the question again is on the propriety and the justification. 4. The third contention is that when once a concession is granted, the employees cannot claim, as a matter of right, that WA NO.1778/09 4 the concession should be granted with effect from a particular date. Again, we are constrained to note that this is a case of hostile discrimination. While granting the concession, the interests of the employees of the Secretariat were protected and the employees of the High Court were discriminated in a hostile manner without any rhyme or reason. It is to be noted that the Government decided to grant the benefit of compensatory allowance only on the request made by the High Court as early as in 2003 and that request was for parity with the employees in the Secretariat. It was that decision which was implemented in principle. All that apart, it is unfortunate that the impugned order having been implemented in part pursuant to judgment dated 15.3.2004, the beneficiaries of the very same order had to successively approach this court in writ petitions, in 2005, 2006, 2007 and finally in 2009. Is this not an instance of the Government contributing its share to the docket explosion? How much money and time were unnecessarily spent by the State? It is significant to note that this Writ Appeal was filed only in August, 2009. Though this is an ideal case where exemplary WA NO.1778/09 5 costs should have been awarded making the officers concerned who dealt with the file in taking the decision to file the appeal personally liable, in view of the persuasive submission made by the learned Senior Government Pleader that the Government will address the issue with all the required seriousness in the light of the observations made by this court, we reluctantly refrain from doing so. The Writ Appeal is devoid of any merit. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1778 of 2009 ---------------------------------------------- J U D G M E N T Dated 18th August, 2009.