IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 OP.No. 2071 of 2003(V) PETITIONER(S): 1. V.RAMAKRISHNAN, RETD. SUB REGISTRAR, `CHITHIRA', VIJAYA TILES ROAD, P.O. ANGAMALY, ERNAKULAM DISTRICT. 2. K.K.GOPINATHAN, RETD.SUB REGISTRAR, `DWARAKA', KALAPPAT LANE, EDAPPALLY P.O., ERNAKULAM DISTRICT. 3. T.P.MAKKAR PILLAI, RETD. SUB REGISTRAR, THOTTATHIL HOUSE, MANJAPPETTY, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 4. E.N.SUBRAMANIAN, RETD.SUB REGISTRAR, ELLUMVARATHIL HOUSE, KUNNAKKAL, MUVATTUPUZHA, ERNAKULAM DISTRICT. 5. K.G.REMA DEVI, SUB REGISTRAR, KURUPPAMPADY (RESIDING AT "SOPANAM", DEEPAM LANE, THAMPURATTIPARAMBU ROAD, MAMANGALAM, KOCHI-25. BY ADV. SMT.P.V.ASHA RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. 3. DISTRICT REGISTRAR (GENERAL), ERNAKULAM. 4. ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 2071/2003. --------------------------------------------------------------- EXT.P1 TRUE COPY OF GOVT. ORDER DT. 20-5-1996. EXT.P2 ORDER DT. 16-12-1998. EXT.P3 ORDER DT. 16-12-1998. EXT.P4 ORDER DT. 22-11-2002. EXT.P5 ORDER DT. 21-11-2002. EXT.P6 ORDER DT. 21-11-2002. EXT.P7 ORDER DT. 21-11-2002. EXT.P8 ORDER DT. 25-11-2002. EXT.P9 LETTER DT. 7-11-2001. EXT.P10 CIRCULAR DT. 20-6-2000. EXT.P11 ORDER DT. 30-1-2002. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R2(a) COPY OF GOVT. ORDER. [TRUE COPY] P.S. TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 2071 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th April, 2009. J U D G M E N T The petitioners were holding the post of Sub Registrars in the Registration Department of the State of Kerala. Prior to 20-5-1996, there was a higher post of Sub Registrar (Senior Grade) also. By Ext. P1 order dated 20-5-1996, these two posts were unified. The scale of pay applicable to Sub Registrar was Rs. 1520-2660. After unification, the scale of pay of both Sub Registrars and Sub Registrar (Senior Grade) was unified as Rs.2000-3200. By Ext. P2, P3 and similar orders, the petitioners' pay was fixed in the new scale of pay giving fixation benefits under Rule 28A of Part I of K.S.R. However, subsequently Exts.P4 to P8 orders were passed again reducing the petitioners' pay on the ground that the petitioners are not eligible for fixation under Rule 28A. Those orders are under challenge in this original petition. 2. I am spared of the task of considering the contentions of the petitioners on merits in so far as the Government themselves have, by G.O.(MS) No. 177/2003/TD dated 12-11-2003, held that Sub Registrars are eligible for fixation under Rule 28A on unification of the scale of pay of Sub Registrars and Sub Registrars (Senior Grade). That order reads thus: “Before 1.6.1996 the Sub Registrars of Registration Department were allowed two grades in the ratio 1:3 between Senior Grade Sub Registrar and Sub Registrar in the scale of pay of Rs.2000-3200 and 1520-2660 respectively. As per the Government Order read above, the two grades of Sub Registrar were unified as Sub Registrar with the scale of pay of Rs. 2000- 3200. But the Sub Registrars in the scale 1520-2660 who had got higher scale of Rs.2000-3200 due to unification were not allowed fixation under Rule 28A part I Kerala Service Rules since there was no change in duties and responsibilities. O.P. No. 2071/03 -: 2 :- The Hon'ble High Court of Kerala has in its judgment dated 20-2-2003 in O.P. 32029/01 filed by the Kerala Registration Department Officers Association, directed the Government to reconsider the matter after hearing the petitioners or their representatives in accordance with law within three months from the date of receipt of a copy of the judgment. As the time limit expired on 30-8-2003, a petition was filed by Government before the Hon'ble High Court for extending the time by 3 months from 30-8-2003 for complying with the direction. As per the direction of High Court, the additional Secretary to Government, Taxes Department heard the petitioners on 4.11.2003. The seniors who were promoted to the post on 2000- 3200 prior to 1.6.1996 and the juniors who were in the scale of Rs.1520-2660 and the designated as Junior Superintendent and promoted to the cadre of Sub Registrars on the 2000-3200 after 1.6.1996 were benefited by fixation under Rule 28A Part I Kerala Service Rules. But those who were designated as Sub Registrars on Rs.1520-2660 as on 1-6-1996 alone were not given the benefit of Rule 28A fixation due to the wording 'unification'. Government have therefore reconsidered the matter in the light of the report of the Inspector General of Registration and the direction of Hon'ble High Court and are pleased to order that the Sub Registrars who were placed in the scale of Rs.2000-3200 consequent on the unification of the scales will also be given the benefit of fixation under Rule 28A Part I Kerala Service Rules.” In the above circumstances, I quash Exts.P2 to P8 and restore the original fixation giving benefits under Rule 28A to the petitioners. The petitioners would be eligible for all consequential benefits. The original petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/