IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2405 of 2008(J)
1. N.ANILKUMAR, S/O.NARAYANA PILLA,
... Petitioner
2. A.M.MUKTHAR, S/O.ABDUL LATHEEF, AGED
Vs
1. STATE OF KERALA,
... Respondent
2. THE PRINCIPAL SECRETARY TO GOVT.
3. THE ACCOUNTANT GENERAL (A & E),
4. THE DIRECTOR GENERAL OF PROSECUTION
For Petitioner :SRI.G.S.REGHUNATH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/06/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.2405 of 2008
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Dated this the 18th day of June, 2010
JUDGMENT
The petitioners were appointed as Senior Government
Pleaders in the Lok Ayukta as per Ext.P2 order dated 4.9.2001.
The rules governing the service of the Government Pleaders in
Lok Ayukta were framed as per Ext.P1 dated 5.12.2000 (SRO
No.1120 of 2000). The petitioners were appointed on a monthly
remuneration of Rs.12,000/- + Rs.2,500/-, towards conveyance
and telephone allowances.
2. Rule 3(1) of the Kerala Lok Ayukta Special Attorney
and Senior Government Pleaders (Appointment and Conditions
of Service) Rules, 2000 provides for the qualification for being
appointed as Senior Government Pleader. A Senior Government
Pleader should have not less than seven years of practice at the
Bar. Rule 7 provides for the duties of Senior Government
Pleaders.
WPC 2405/2008 2
3. The petitioners submitted Ext.P6 representation dated
15.2.2005 to the Government pointing out that at the time of the
appointment of the petitioners, they were given the salary equal
to the salary of Senior Government Pleaders in the High Court.
Though the salary of the Senior Government Pleaders and
Government Pleaders in the High Court were enhanced, the
petitioners were not given any enhancement of salary. It was
requested in Ext.P6 that the salary may be enhanced to
Rs.18,000/- and allowances to Rs.2,500/-. Ext.P6 representation
was recommended by the Director General of Prosecution as per
Ext.P6(a). He requested that the benefits declared in G.O.(MS)
No.180/04/Law dated 16.11.2004 may be extended to the
Government Pleaders who are working in the office of the
Special Attorney to the Kerala Lok Ayukta also. Ext.P6
representation was rejected by Ext.P7 letter issued by the
Government. The letter reads as follows:
“I am directed to invite your attention to
the reference cited and to inform you that the
nature of work of Government Pleaders and
that of Government Pleaders of Kerala Lok
WPC 2405/2008 3
Ayukta have no comparison. The number of
cases and urgency to deal with those cases in
the High Court are enormous and highly
demanding, whereas in the Lok Ayukta it is of a
routine nature. I am therefore to convey the
inability of Government to consider the
proposal for enhancement of remuneration of
the Senior Government Pleaders.”
4. The petitioners submitted Ext.P11 representation
dated 30.3.2007 requesting to review the decision taken by the
Government in Ext.P7 letter. The Director General of
Prosecution again gave a letter recommending the request made
by the petitioners, as per Ext.P12 dated 3.4.2007. The
Government considered the matter and passed Ext.P13 order
dated 28.11.2007 which reads as follows:
“As per the Government order read as 1st
paper above, Government had fixed a
consolidated remuneration of Rs.12,000/- plus
Rs.2,500/- p.m. towards Conveyance and
Telephone Allowance to the Senior Government
Pleaders under the Special Attorney, Kerala
Lok Ayukta.
WPC 2405/2008 4
As per the representation read as 2nd
paper above, the Senior Government Pleaders,
Kerala Lok Ayukta have requested Government
to enhance their remuneration on par with that
of the Senior Government Pleaders of the
Hon’ble High Court of Kerala.
Government have examined the matter in
detail and are pleased to revise the monthly
consolidated remuneration of the Senior
Government Pleaders under the Special
Attorney, Kerala Lok Ayukta as Rs.15,000/- +
Rs.2,500/- as allowances with prospective
effect.”
5. The grievance of the petitioners is that though the
salary of the Special Government Pleaders was enhanced to
Rs.15,000/- and allowances to Rs.2,500/- as per Ext.P13, that was
given only with prospective effect. The contention of the
petitioners is that at least the benefit of Ext.P13 should have
been granted to the petitioners also.
6. It is pointed out that in 1996, the salary of the
Government Pleaders and Senior Government Pleaders in the
WPC 2405/2008 5
High Court was Rs.7,000/- and Rs.8,000/- respectively. In the
year 2000, it was enhanced as Rs.10,000/- + Rs.2,500/- and
Rs.12,000/-+Rs.2,500/- respectively with effect from 1.1.1999 as
per Ext.P15 G.O.(MS) No.363/2000/Law dated 26.6.2000. Their
salary was enhanced to Rs.15,000+Rs.2,500/- and Rs.18,000/-+
Rs.2,500/- respectively with effect from 1.4.2004 as per Ext.P5
G.O.(MS)No.180/04/Law dated 16.11.2004.
7. The contention of the petitioners is that though at the
time of their appointment, they were treated at par with the
Senior Government Pleaders of the High Court, and though from
16.11.2004, the salary of the Senior Government Pleaders was
enhanced to Rs.18,000/- and the salary of the Government
Pleaders was enhanced to Rs.15,000/-, the salary of the
petitioners continued at the rate of Rs.12,000/- + Rs.2,500/-. It
is submitted that even if the Special Government Pleaders of
Lok Ayukta are treated as equivalent to the Government
Pleaders of the High Court, the petitioners should have been
paid at least Rs.15,000/- + Rs.2,500/-.
WPC 2405/2008 6
8. On the basis of Ext.P11 representation dated
30.3.2007, the Government enhanced the salary of the Senior
Government Pleaders under the Special Attorney of Lok Ayukta
as per Ext.P13 dated 28.11.2007. It is submitted that when the
present Government took over, the petitioners resigned as per
Ext.P9 letter dated 22.3.2007. However, they were directed to
continue in service till the new Senior Government Pleaders
were appointed.
9. The learned Special Government Pleader submitted
that the qualification prescribed for Senior Government Pleaders
in the High Court is ten years practice at the Bar out of which
five years shall be in the High Court, going by Rule 5 of the
Kerala Government Law Officers (Appointment and Conditions of
Service) and Conduct of Cases Rules 1978. As per the said
Rules, qualification prescribed for Government Pleaders is seven
years experience at the Bar out of which three years shall be in
the High Court. The qualification for being appointed as Senior
Government Pleader in the Lok Ayukta is seven years of practice
at the Bar. It is also submitted that the Government Pleaders of
WPC 2405/2008 7
the High Court and the Senior Government Pleaders of Lok
Ayukta cannot be treated on par and the nature of work and
duties are quite different and distinct. The workload of the
Government Pleaders in the High Court is much higher than that
of the Senior Government Pleaders in the Lok Ayukta. It is also
submitted by the Special Government Pleader that the
Government thought it fit to give only prospective effect to the
enhancement of remuneration as per Ext.P13 order and that the
Court cannot substitute its wisdom over the decision taken by
the Government.
10. It is not disputed that from 16.11.2004, the
Government Pleaders of the High Court were granted
remuneration at the rate of Rs.15,000/- +Rs.2,500/- per month.
At the time of appointment, the petitioners were given the same
remuneration as that of the Senior Government Pleaders of the
High Court. Even if the salary equal to that of the Senior
Government Pleaders of the High Court is not given to the
Senior Government Pleaders of Lok Ayukta, it would appear to
be reasonable that at least the petitioners could be provided the
same benefit as would be available to the Government Pleaders
WPC 2405/2008 8
of the High Court, as is now done as per Ext.P13 order. The
Government did not consider at least this request while
disposing of Ext.P11 representation as per Ext.P13 order. Taking
into account the present position of the Senior Government
Pleaders in Lok Ayukta as per Ext.P13 order and the position of
the petitioners at the time of their appointment and also taking
into account all the other relevant facts and circumstances, it is
only proper to direct the Government to reconsider the matter. A
sympathetic consideration would not cause much financial
burden to the Government in this regard. Let a final decision be
taken by the Government within a period of three months from
today. The petitioners shall produce copy of the judgment along
with copy of the Writ Petition, copy of the counter affidavit and
also copy of the reply affidavit with the exhibits, before the
Government within a period of three weeks.
The Writ Petition is disposed of as above.
K.T.SANKARAN,
JUDGE
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