IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1850 of 2005()
1. P.V. RAJENDRAN, AGED 43 YEARS,
... Petitioner
2. P.M. VASUDEVAN NAMBISSAN,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE REGISTRAR,
For Petitioner :SRI.M.V.AMARESAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :12/08/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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W.A.NO.1850 OF 2005 (E)
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Dated this the 12th day of August, 2008
J U D G M E N T
KOSHY,J.
First appellant is working as Confidential Assistant to the
Motor Accident Claims Tribunal, Thalassery, and 2nd appellant
is working as Confidential Assistant to the Additional District
and Sessions Judge, Thalassery. As per the pay revision order
(Ext.P1), confidential assistants to District Judges are entitled
to Rs.350/- as special allowance whereas confidential
assistants to Subordinate courts are only entitled to Rs.60/- as
special allowance. Contention of the appellants is that
Additional District Courts and Motor Accident Claims Tribunal
are holding the rank of District Judges, and therefore, they are
also entitled to get Rs.350/- as special allowance. Learned
Single Judge in the impugned judgment found that only
confidential assistants to District Judges are entitled to
Rs.350/-. Additional District Judges as well as Motor Accident
Claims Tribunal cannot come into that category. District
Judge means only ‘Principal District Judge’. Learned Single
Judge also noticed that in Ext.P1, confidential assistants to
W.A.1850/05 2
Special Judges and Enquiry Officers who are also holding the
rank of District Judges are specifically mentioned to get
Rs.350/- as special allowance. But the Additional District
Judges are not mentioned. According to Ext.P1, confidential
assistants to Presiding Officers of other Subordinate Courts
other than District Courts are only entitled to get Rs.60/- as
special allowance. The confidential assistants to Principal
Enquiry Commissioner and Special Judges are also entitled to
Rs.350/-. Since the Additional District Judges and Motor
Accidents Claims Tribunal are not mentioned separately, the
confidential assistants attached to them are not entitled to get
Rs.350/- but only Rs.60/- as they are confidential assistants to
Presiding Officers of Subordinate Courts, and we agree with
the views of the learned Single Judge. We are not repeating
the reasonings of the learned Single Judge, and hence, this
appeal is dismissed. If any amount is paid by mistake, it shall
be recovered in easy instalments.
J.B.KOSHY, JUDGE
K.P.BALACHANDRAN, JUDGE
prp
W.A.1850/05 2
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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4th August, 2008