{"id":26532,"date":"2005-06-17T00:00:00","date_gmt":"2005-06-16T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/t-k-reveendran-pillai-vs-kerala-books-and-publications-on-17-june-2005"},"modified":"2018-11-22T03:15:17","modified_gmt":"2018-11-21T21:45:17","slug":"t-k-reveendran-pillai-vs-kerala-books-and-publications-on-17-june-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/t-k-reveendran-pillai-vs-kerala-books-and-publications-on-17-june-2005","title":{"rendered":"T.K. Reveendran Pillai vs Kerala Books And Publications … on 17 June, 2005"},"content":{"rendered":"
Kerala High Court<\/div>\n
T.K. Reveendran Pillai vs Kerala Books And Publications … on 17 June, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nOP No. 30704 of 2002\n\n\n1. T.K. REVEENDRAN PILLAI, ASSISTANT       \n                      ...  Petitioner \n\n                        Vs\n\n\n1. KERALA BOOKS AND PUBLICATIONS SOCIETY   \n                       ...       Respondent\n2. STATE OF KERALA, REPRESENTED BY\n\n                For Petitioner  :SRI.KALEESWARAM RAJ                     \n\n                For Respondent  :SRI.B.S.KRISHNAN (SR.)                  \nThe Hon'ble MR. Justice S.SIRI JAGAN                    \n\n Dated :     17\/06\/2005\n O R D E R\n<\/pre>\n
.PL 60
\n.TM 3
\n.BM 3
\n.SP 2
\n              S. Siri Jagan, J.@@
\n             jAAAAAAAAAAAAAAAAA
\n              =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=@@
\n             j
\n              O.P.No. 30704 of 2002 @@
\n             j
\n              =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=@@
\n             j
\n              Dated this, the 17th day of June, 2005.@@
\n             j
\n((HDR 0
\n[O.P.No.30704 of 2002]\t\t-:  # :-\n<\/p>\n
))
\n.HE 1
\n                           J U D G M E N T@@
\n                          jCCCCCCCCCCCCCCC
\n             \tThe  petitioner is working as an Assistant Manager
\n             (Typesetting) in the services of the 1st  respondent,
\n             which  is  an autonomous Society registered under the
\n             Travancore-Cochin Literary, Scientific and Charitable
\n             Societies Registration Act.  He was promoted as  such
\n             with effect  from  1-3-1986.    He  availed  of leave
\n             without allowances for the period from 14-11-1992  to
\n             12-11-1997   and   rejoined   duty   on   13-11-1997.
\n             Thereafter, he completed 10 years of  actual  service
\n             on 1-3-2001.    Since  all  Assistant Managers in the
\n             Society were being given higher grade in the scale of
\n             pay of Rs.8250-13650 and redesignation of the post as
\n             Deputy Manager on completion of 10 years of  service,
\n             the  petitioner  put  in  Ext.P4 representation dated
\n             26-2-2001 before the 1st respondent claiming the said
\n             benefits.  The governing body of  the  Society  which
\n             met on 10-7-2001 approved the proposal of giving time
\n             bound   higher  grade  and  redesignation  as  Deputy
\n             Manager to the petitioner as was done in the case  of
\n             other Deputy  Managers.    However, unlike in earlier
\n             cases, the governing body decided to seek approval of
\n             the Government for the  decision.    Accordingly,  by
\n             Ext.P8  communication,  the  Managing Director sought
\n             the approval of the Government  for  granting  higher
\n             grade  of  Rs.8250-13650  and redesignation as Deputy
\n             Manager to the petitioner.  This was followed up with
\n             Ext.P9 letter and Ext.P10 clarification.  However, by
\n             Ext.P11 order, the Government accorded  sanction  for
\n             giving   higher   grade  of  only  Rs.7200-11400  and
\n             redesignation of Assistant Manager (Higher Grade)  to
\n             the petitioner.    The petitioner is challenging Ext.
\n             P11 as also Ext.P15 order of the  Government  to  the
\n             extent  it  limits  the eligibility of the petitioner
\n             for  higher  grade  unlike  in  the  case  of   other
\n             Assistant Managers.\n<\/p>\n
             \t2.  Both  the  1st  respondent-Society and the 2nd
\n             respondent-Government have filed counter  affidavits.
\n             Although,  the  1st  respondent admits that Assistant
\n             Managers similarly placed like  the  petitioner  were
\n             earlier  given 10 year Higher Grade of Rs.8250-13650,
\n             since they are bound by the orders of the  Government
\n             approval  of  the Government was sought especially in
\n             view of Ext.P15 Government Order by  which  only  the
\n             time  bound  grade promotion granted and regulated as
\n             specified  in  clause  5(B)  of  G.O(P)No.3000\/98\/Fin
\n             dated  25-11-1998  and  subsequent orders with effect
\n             from 1-11-1998 were made applicable to  employees  of
\n             the Society.    The  2nd  respondent in their counter
\n             affidavit stated that in view of  Ext.P15  Government
\n             Order, the time bound higher grade granted as per the
\n             G.O.   mentioned   therein   only  is  applicable  to
\n             employees of the 1st  respondent  Society  which  was
\n             granted by Ext.P11.\n<\/p>\n
             \t3.  I  have  heard  counsel  for  the  petitioner,
\n             counsel for the 1st respondent-Society as well as the
\n             Government Pleader appearing for the 2nd respondent.\n<\/p>\n
             \t4.    The   first   question   that   arises   for
\n             consideration is as to whether Government approval is
\n             necessary for implementing  Ext.P5  decision  of  the
\n             governing body  of  the  1st respondent.  The Society
\n             seeks to justify their decision to seek  approval  of
\n             the   Government   on  the  basis  of  Memorandum  of
\n             Association and Rules and Regulations of the Society.
\n             The petitioner has extracted Article 20 of  the  same
\n             as Ext.P6 which the 1st respondent admits is the only
\n             provision on  the  subject.    The  same  provides as
\n             follows:\n<\/p>\n
.SP 1<\/p>\n
              “Article 20:  The following matters shall  require@@
\n             i
\n                the prior approval of the Government.\n<\/p>\n
              (i)  Appointment  to the post of Managing Director@@
\n             i
\n                and to all post carrying a minimum basic salary of
\n                Rs.1200 or more.\n<\/p>\n
              (ii) Any programme of  capital  expenditure  which@@
\n             i
\n                exceeds Rs.10 lakhs.\n<\/p>\n
              (iii)  Agreement  involving  foreign collaboration@@
\n             i
\n                proposed to be entered into by the Society.\n<\/p>\n
              (iv) Sale, lease, mortgage or  disposal  otherwise@@
\n             i
\n                of  the  whole  or  substantially the whole of the
\n                undertaking of the society.\n<\/p>\n
              (v) Winding up of the Society.@@
\n             i<\/p>\n
              (vi) Foreign tours of officials or  the  Chairman,@@
\n             i
\n                Vice  Chairman,  Managing  Director  or  any other
\n                member of the Governing Body.\n<\/p>\n
              (vii) Rules regarding the conditions of service of@@
\n             i
\n                the employees of the society.”\n<\/p>\n
.SP 2
\n             According  to the 1st respondent, by virtue of clause\n<\/p>\n
             (vii) of Article 20, prior approval is necessary  for
\n             implementation of  Ext.P5.   This can be countenanced
\n             only if Ext.P5 can be regarded as  a  Rule  regarding
\n             conditions   of  service  of  the  employees  of  the
\n             Society.  It is not in the  case  of  the  petitioner
\n             alone   that  10  year  higher  grade  was  given  to
\n             Assistant Managers.   Earlier,  one  Sri.P.M.Ibrahim,
\n             who  entered  service  along  with the petitioner was
\n             granted higher grade of Rs.8250-13650 at which  time,
\n             the  1st  respondent  did  not  seek  approval of the
\n             Government.  While granting similar higher  grade  to
\n             two  Assistant  Engineers mentioned in Ext.P5 also no
\n             approval of  the  Government  was  sought  for.    By
\n             Ext.P6,  the  1st  respondent  created 4 new posts of
\n             Assistant Managers\/Engineers Gr.I, for which also  no
\n             approval of  the Government was sought.  By the same,
\n             the post of Manager (P & A) was  upgraded  for  which
\n             also no  approval  was  sought.  That would show that
\n             1st respondent itself did not  consider  granting  of
\n             higher  grade  as  coming  within the ambit of clause\n<\/p>\n
             (vii) of Article 20.    In  any  event,  granting  of
\n             higher  grade  to Assistant Managers on completion of
\n             10 years’ service was  an  already  existing  service
\n             condition  of  Assistant  Managers as is evidenced by
\n             the fact that similar benefits were  given  to  three
\n             others as  admitted in Ext.P5.  For granting the same
\n             to the petitioner alone, no prior approval of the 2nd
\n             respondent is  necessary.    All  it  requires  is  a
\n             decision  of  the governing body which has been taken
\n             as per Ext.P5.   Simply  because  the  Memorandum  of
\n             Association contains provisions making prior approval
\n             of  the  Government  mandatory  in respect of certain
\n             matters, it is not necessary for an  autonomous  body
\n             to  seek  such  approval  in  respect of every matter
\n             especially relating to granting of service  benefits,
\n             in    accordance   with   prior   practice   in   the
\n             establishment.  Such approval can  be  insisted  upon
\n             only   in   respect   of   matters  involving  policy
\n             decisions.  Autonomous bodies should have the freedom
\n             to act in accordance with the rules  and  regulations
\n             adopted by it.  Therefore, I declare that no approval
\n             of  the Government is necessary for implementation of
\n             Ext.P5 decision of the  governing  body  of  the  1st
\n             respondent.\n<\/p>\n
             \t5.  The 2nd respondent contends that  in  view  of
\n             Ext.P15,  the  employees  of  1st  respondent-Society
\n             cannot be given higher  grade  except  in  accordance
\n             with Annexure  II  of  Ext.P15.  Earlier, by Ext.P12,
\n             the 2nd respondent took the  stand  that  time  bound
\n             higher  grade  was  not  provided  for, in respect of
\n             employees of the 1st respondent-Society.  That was on
\n             21-8-1987.  Probably that is why the  1st  respondent
\n             took  the decision to grant higher grade to Assistant
\n             Managers earlier.  2nd respondent would contend  that
\n             Ext.P15 overrides  those decisions.  I am not able to
\n             agree .Once a  benefit  has  been  conferred  on  the
\n             employees  as  a class, the same cannot be taken away
\n             to the detriment of individual members  of  the  same
\n             class.   If  that  is  permitted,  there  will be two
\n             different grades for similarly  placed  employees  in
\n             the  same  post,  who  were  appointed  to  the  post
\n             together, which would be  discriminatory.    In  this
\n             connection,  it  would  be  advantageous  to  see the
\n             reasons which prompted the governing body to come  to
\n             its decision  as per Ext.P5.  The relevant portion of
\n             Ext.P5 reads as follows:\n<\/p>\n
.SP 1<\/p>\n
              \t“Shri Raveendran Pillai was on leave for 5@@
\n             i
\n                years   from   12-11-1992   to   12-11-1997  under
\n                employment abroad.    He  completed  10  years  of
\n                service  in  the  grade  of  Assistant  Manager on
\n                1-3-2001 (excluding his  service  of  5  years  on
\n                employment abroad).    Thus  he is eligible to get
\n                the higher  grade  of  Rs.7200-11400  vide  G.O(P)
\n                3000\/98\/Fin dated  25-11-1998.   His request is to
\n                grant the higher grade of Rs.8250-13650 viz.   the
\n                scale of  Deputy  Manager.  Earlier, two engineers
\n                grade I and Two Assistant Managers and the  Stores
\n                Officer  were given the grade of Deputy Manager on
\n                completion of 10 years service as  Engineer  Grade
\n                I\/Assistant  Managers  vide  the  decisions of the
\n                Governing Body held on  29-3-1994,  25-3-1996  and
\n                18-12-1996.  This was done considering their bleak
\n                promotion prospects.\n<\/p>\n
              In  the  circumstances,  the  Governing  body  may@@
\n             i
\n                consider   the   request   of  Shri.T.K.Raveendran
\n                Pillai.\n<\/p>\n
                            DECISION OF THE GOVERNING BODY@@
\n                           jCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC<\/p>\n
              The  governing  Body  approved  the  proposal  for@@
\n             i
\n                giving time bound grade promotion to the scale  of
\n                pay of  Deputy  Manager  to  Sri.   T.K.Raveendran
\n                Pillai  and  for  re-designating  him  as   Deputy
\n                Manager  as  was  done in the case of other Deputy
\n                Managers and decided to forward  the  proposal  to
\n                Government for approval.”\n<\/p>\n
.SP 2
\n             Mr.   P.M.Ibrahim,  the  Stores  Officer mentioned in
\n             Ext.P5 who entered service along with the  petitioner
\n             in  the  same grade enjoys higher grade on completion
\n             of 10 years.  If the same benefit is  denied  to  the
\n             petitioner,  that  would  offend  the equality clause
\n             under Articles 14  and  16  of  the  Constitution  of
\n             India.   Therefore, the petitioner is entitled to get
\n             higher grade and re-designation  in  accordance  with
\n             Ext.P5.\n<\/p>\n
             \t6.   While  at  it,  I  may  also  deal   with   a
\n             distressing   fact   brought  to  my  notice  by  the
\n             petitioner  by  filing  I.A.No.8410\/2005.Along   with
\n             I.A.No.8410\/2005, the petitioner has produced Ext.P17
\n             resolution   of  the  governing  body  by  which  the
\n             governing body has authorised the  Managing  Director
\n             to  consider  granting  of  regular  promotion to the
\n             petitioner in a  vacant  post  of  Assistant  Manager
\n             (Binding)  Grade  I  in the scale of Rs.8250-13650 on
\n             condition that the petitioner withdraws  the  present
\n             original petition.      Such  an  attitude  is  quite
\n             unbecoming of an institution owned by the  Government
\n             like the  1st  respondent.    Employees  may approach
\n             Courts for redressal of their grievances,  which  may
\n             be justified  or unjustified.  Insistence that normal
\n             promotion which has become due to them will be  given
\n             only if they withdraw the case filed claiming another
\n             relief, to  say the least, is arbitrary.  Whether the
\n             petitioner wins or loses in this  original  petition,
\n             normal  promotion  which has become due to him cannot
\n             be withheld on that ground.   Therefore,  I  make  it
\n             clear  that the promotion which has become due to the
\n             petitioner as evidenced  by  Ext.P17  should  not  be
\n             denied  to  the  petitioner  because of this original
\n             petition.\n<\/p>\n
             \t7.  With the above observation,  I  quash  Ext.P11
\n             order  of  the  2nd  respondent  and  hold  that  the
\n             petitioner’s   right   to   get   higher   grade   of
\n             Rs.8250-13650  and  re-designation  as Deputy Manager
\n             cannot be curtailed by Ext.P15.    There  will  be  a
\n             direction  to  the 1st respondent to implement Ext.P5
\n             decision forthwith and pay consequent arrears due  to
\n             the petitioner within one month.
\n             \tThe original petition is allowed as above, without
\n             any order as to costs.\n<\/p>\n
             Tds\/\t\t\t\tSd\/-\n             \n.JN \n.SP 1\n             \t\t\t        S. Siri Jagan, Judge.@@\n                    AAAAAAAAAAAAAAAAAAAAAAAAA\n                                               @@\n<\/pre>\n
             AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA<\/p>\n
.PA
\n((HDR 0<\/p>\n
))
\n.HE 2
\n.SP 2
\n.JN
\n             \t\t\t\t     S.Siri Jagan, J.\n<\/p>\n
             \t\t\t=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
\n             \t\t\t\tO.P.No.30704 of 2002
\n             \t\t\t=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=<\/p>\n
             \t\t\t\tJ U D G M E N T@@
\n                 CCCCCCCCCCCCCCC<\/p>\n
             \t\t\t\t17th June, 2005.<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court T.K. Reveendran Pillai vs Kerala Books And Publications … on 17 June, 2005 IN THE HIGH COURT OF KERALA AT ERNAKULAM OP No. 30704 of 2002 1. T.K. REVEENDRAN PILLAI, ASSISTANT … Petitioner Vs 1. KERALA BOOKS AND PUBLICATIONS SOCIETY … Respondent 2. STATE OF KERALA, REPRESENTED BY For Petitioner :SRI.KALEESWARAM RAJ […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-26532","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nT.K. Reveendran Pillai vs Kerala Books And Publications ... on 17 June, 2005 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/t-k-reveendran-pillai-vs-kerala-books-and-publications-on-17-june-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"T.K. 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