IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5674 of 2006(A)
1. SHRI.K.M.MOHAMMEDKUTTY, S/O.M.A.MEETHYAN
... Petitioner
2. SHRI.A.N.SATHYANATHAN, S/O.A.K.NARAYANAN
3. SHRI.M.ABDULKHADER, S/O.KOCHU MOHAMMED,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE CHIEF ENGINEER,
3. THE ASST. EXECUTIVE ENGINEER,
4. THE ASST. ENGINEER,
5. THE ASST. ENGINEER,
6. ASST. ENGINEER,
For Petitioner :SRI.N.UNNIKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/02/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 5674 of 2006-A
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Dated this the 2nd day of February, 2009.
JUDGMENT
The petitioners have approached this court aggrieved by Exts.P9 to
P11 by which the Asst. Executive Engineer, Minor Irrigation Sub Division,
Ernakulam forwarded the proceedings showing refixation of pay. The
refixation resulted in reduction of pay and consequent recovery.
2.The petitioners are working as CLR Workers as Bund watchers n
the Minor Irrigation Section of the Public Works Department. The first
petitioner entered service on 1.1.1981 and he is continuously working since
then. The second petitioner entered service on 30.7.1976 and has
continuous engagement thereafter. The third petitioner entered service on
30.7.1976 and he is also a similarly placed person. All of them were
absorbed into regular service as Workers Grade II as per Ext.P1 dated
20.1.1990 issued by the Government. The absorption was done based on
the seniority reckoned with reference to the number of days of actual
service as CLR Workers.
3. The petitioners were granted the benefit of time bound grade
promotion counting the NMR service prior to their absorption. This is
WPC 5674/2006 2
evident by Exts.P6 to P8. Exts.P6 to P8 are of the year 1999. Thus, they
are continuously drawing pay as fixed by Exts.P6 to P8. The effect of
Exts.P9 to P11 is the consequent denial of the above benefits granted to
them. The petitioners contend that the reduction of pay and the consequent
recovery has been effected without notice to them.
4. Along with I.A.No.1255/2009 the petitioners have produced
Ext.P17 order passed by the Government dated 19.8.2008. The issue that is
considered by the Government is regarding time bound higher grade
irregularly granted to the CLR/SLR under Minor Irrigation Division,
Ernakulam. After considering various aspects, it was ordered thus: “(i)
arrears of pay and allowances to the tune of Rs.1.41 crores paid to 128
regularised CLR/SLR workers of MI Division, Ernakulam from 18.3.99 is
waived; and (ii) Excess pay and allowance paid to CLR/SLR workers from
18.3.99 till 1.1.2008 consequent to the erroneous fixation is also waived.”
The Government further ordered that while refixing their pay as per the
clarification issued by Government, the excess amount already paid will not
be recovered, as a special case.
5. It is clear from Ext.P17 that the petitioners will also be covered by
the said order. If that be so, they will also be entitled for the benefits
granted by the same. It is so declared. In that view of the matter, Exts.P9 to
WPC 5674/2006 3
P11 will stand set aside.
6. Learned counsel for the petitioners submitted that pending the writ
petition, the Government has passed orders revising the pay and allowances
of Government employees which have been extended to the petitioners as
per an order dated 25.3.2006. In the light of the recovery ordered against
the petitioners, even though the orders were implemented, they were not
paid the arrears obviously because of the pendency of the writ petition.
7. Now that the Government has waived the arrears based on Ext.P17
order, obviously they are entitled for arrears of wages as provided by the
pay revision orders. The competent authority among the respondents will
look into the same and grant appropriate benefits to the petitioners. The
amounts due to them will be disbursed within a period of three months from
the date of receipt of a copy of this judgment.
The writ petition is allowed as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/