IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31880 of 2006(T) ------------------------------------ PETITIONER : - --------------------- ASHOKAN K., S/O.KANNAN, 33/3590 B, KUTTIYIL, CHEVARAMBALAM P.O., CALICUT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT : - ------------------------ DIRECTOR OF SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM. BY ADV. SRI.T.R.RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31880 of 2006(T) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PROF. & HEAD OF BIOTECHNOLOGY DEPARTMENT ANNA UNIVERSITY GUINDY DATED 15.06.1995. EXT P2 : COPY OF THE ADVERTISEMENT NO. 5/BMT/95 DATED 06.05.95. EXT P3 : COPY OF THE APPOINTMENT NO. Per & Admn. VII/BMT-14/95 DATED 12.08.95 APPOINTING THE PETITIONER AS SCIENTIST B. EXT P4 : COPY OF THE EXTENSION ORDER NO. Per & Admn /P-269 /BMT/86 DATED 29.08.1996. EXT P5 : COPY OF THE EXPERIENCE CERTIFICATE NO. Per & Admn.1/10005/BMT/97 DATED 28.08.1997. EXT P6 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 18.10.2000. EXT P7 : COPY OF THE ORDER NO. P & A. VII/DD/BMT-14/SCTIMST/2000 DATED 01.12.2000. EXT P8 : COPY OF THE JUDGMENT IN O.P. 8016 / 2001 OF HON'BLE HIGH COURT AT ERNAKULAM DATED 17.02.2006. EXT P9 : COPY OF THE ORDER NO. OP. 8016/01/SCTIMST /2006 DATED 26.06.2006 OF THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.31880 of 2006 ---------------------------------------------- Dated this the 29th day of November, 2011 JUDGMENT The petitioner worked as a temporary Scientist-B in the Sree Chitra Tirunal Institute for Medical Science & Technology for the period from 29.8.1995 to 28.8.1997. Subsequently, the Institute decided to implement the recommendations of the Vth Pay Commission for employees of the Institute with retrospective effect from 1.1.1996. The petitioner now seeks arrears of salary due to him as per the revised pay applicable to the petitioner's post. 2. The respondent has filed a counter affidavit wherein the stand taken is that the petitioner being a temporary employee is not entitled to the benefit, insofar as the respondent decided to implement the recommendations of the Vth Pay Commission only by order dated 13.12.1997 in respect of the permanent employees, who were in service on that date, although retrospectively with effect from 1.1.1996. W.P.(C)No.31880/06 2 3. I have considered the rival contentions in detail. I do not find any infirmity in the stand of the respondent. They have taken a policy decision to implement the recommendations of the Vth Pay Commission by an order dated 13.12.1997 only to permanent employees, who were in service on that date, although retrospectively. Such stand cannot be stated to be arbitrary and unreasonable. In the above circumstances, I am not inclined to entertain this writ petition and accordingly the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.31880/06 3 W.P.(C)No.31880/06 4