IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 27219 of 2000(M)
1. YENTRE FOR WATER RESOURCES DEVELOPMENT
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.PIRAPPANCODE V.SREEDHARAN NAIR
For Respondent :SRI.D.SOMASUNDARAM, ADDL.CGSC
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :21/11/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.No. 27219 of 2000
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Dated this the 21st day of November, 2006
JUDGMENT
Petitioners are aggrieved by Ext.P11 order passed by the
Government. According to them in view of Ext.P10
recommendation of the 3rd respondent, they should have been
granted the scale of pay as suggested in Ext.P10. It will be
profitable in this context to refer to two prayers made by the
petitioners, prayers 3 and 4, which read ad follows:-
iii. Declare that the petitioners 2 to 5 and similarly
placed personnel in the service of the Centre for Water
Resources development and Management are entitled
to get modified scale of Rs.380-12-440-EB-15-560-
EB-20-640 revised to Rs.1350-30-1440-40-1800-EB-
50-2200 with effect from 1-1-1986 and Rs.4500-125-
7000 with effect from 1-1-1996 to be applicable
notionally with monetary benefits with effect from 1-2-
1981.
iv. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 1, 2 and 3 to disburse the pay and
allowances to the petitioners 2 to 5 and the similarly
placed personnel employed in Centre for Water
OP NO.27219/2000
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Resources Development and Management for the posts
held by them with respective dates in the pay scale of
Council of Scientific and Industrial Research, New
Delhi.
2. It is true that the Registrar of the 3rd respondent made a
recommendation to the Government that the petitioners could be
given modified scale of Rs.380-640 (subsequently revised) with
effect from 23-3-1988 notionally and with monetary effect from
25-6-1998, subject to the concurrence of the Government. In the
impugned Ext.P11 order, Government refused concurrence holding
that for those who were recruited prior to 6-12-1987 the scale of
pay applicable in CSIR was allowed as a special case as personal
to them. It was also informed that such members of the staff
should be brought under the control of State Government’s pay
structure at the time of subsequent pay revision. In the counter
affidavit filed on behalf of the second respondent the position is
further explained at paragraph 16, which reads as follows:-
“The Governing body and Executive
OP NO.27219/2000
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Committee in its meeting on 25-6-1998 considered
the report of Shri.M.R.Rajan Pillai in detail and
resolved to recommend the modified scale with
effect from 1-1-1986 subject to the concurrence of
Government of Kerala. Accordingly in letter
No.E1-141698 dated 14-7-1998 requested the
Government to accord concurrence for making
applicable the scale of pay of Rs.380-640 (revised
to Rs.1350-2200 with effect from 1-1-1986 and to
Rs.4500-7000 with effect from 1-1-1996) instead
of 330-560 (revised to Rs.1200-2040 with effect
from 1-1-1986 and to Rs.4000-7000 with effect
from 1-1-1996) instead of 330-560 (revised to
Rs.1200-2040 with effect from 1-1-1986 and to
Rs.4000-6000 with effect from 1-1-1996)
notionally from 23-3-1986 with monetary benefit
from 25-6-1998. Government in letter
no.2961/A1/98/STED dated 2-11-1999 informed
the Centre that the scientists alone are allowed
CSIR scale of pay and technical staff appointed
before 6-12-1987 were allowed CSIR scale of pay
as a very special case and personal to them
presumably to protect them from any shortfall in
pay. They should have also been brought under the
control of State Government’s pay structure at the
time of subsequent pay revision. If it is not done,
the same should be done from the next pay
revision, so that the anomalies stated to have been
in existence do not occur and that the instant issue
may be settled accordingly. Government letter
No.6073/A1/99/STED dated 26-4-2000 further
clarified that the Technical Staff those who are
enjoying the benefit of G.O(MS)30/87/STED dated
OP NO.27219/2000
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6-12-1987 will be eligible for pay protection only
and allowances like HRA, CCA etc. will be at the
rate applicable to Technical Staff appointed on or
after 6-12-1987. As per the above, no modified
scale of pay can be granted to the petitioner.
Governing body has also noted the above position
intimated by the Government, in its meeting held
on 22-6-2001.”
In view of the intervening developments leading to the matter thus
being considered by the governing body of the 3rd respondent in
the meeting held on 22-6-2001 in case the petitioners have still any
grievance left they may take up the matter afresh through the 3rd
respondent.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.27219/2000
JUDGMENT
21st November, 2006