High Court of KeralaDivision Bench2019-11-06Original petitions disposed of (disposed of)

OP(KAT). Nos. 275 & 334 of 2014 (Z)

Case / Petition Number:OP(KAT).Nos.275 & 334 OF 2014(Z)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran
V. G. Arun
Judgment Date: 2019-11-06
Court Decision / Holding: The issue raised by the petitioners is covered by State of Kerala v. C.V. Jacob and Others (2018 (3) KLT 747). The Court sets aside the Tribunal’s order and directs that the directions in the cited judgment apply to the petitioners as well. Suitable fixation shall be made of pay and pension and arrears paid at any rate within six months from the date of receipt of a certified copy of this judgment. The original petitions are disposed of, with costs to be borne by the parties.
Final Disposition: Original petitions disposed of (disposed of)

Parties to the Case

Appellants / Petitioners

K Baby Isac, Senior Administrative Officer, Directorate of Insurance Medical Services, Thiruvananthapuram-695033
K Baburaj, Senior Administrative Officer, Office of the Chief Engineer, PWD Administration, Thiruvananthapuram - 695033

Respondents

State of Kerala represented by its Secretary to Government, General Administration Special-B Department, Government Secretariat, Thiruvananthapuram 695 001
Principal Secretary to Government, Finance Department, Government Secretariat, Thiruvananthapuram 695 001
Kerala Administrative Tribunal represented by Registrar, Kerala Administrative Tribunal, Vanchiyoor, Thiruvananthapuram 695 035
Shri K Baby Isac, Senior Administrative Officer, Directorate of Insurance Medical Services, Thiruvananthapuram-695014

Legal Representation & Advocates

Counsels for Petitioners

• Advocate A.G. Aneetha
• Advocate C. Anchala
• Advocate M. Kabani Dinesh
• Advocate B. Ragunathan
• Advocate G. Gopalakrishnan Pillai
• Advocate V.M. Jacob
• Advocate M.M. Lalbind
• Advocate M. Salim
• Advocate R. Srinath

Counsels for Respondents

• Senior Government Pleader Sri Antony Mukkath
• Adv. P.K. Ravisankar
• Adv. A.G. Aneetha
• Adv. M. Kabani Dinesh

Case Synopsis & Summary

These are two Kerala High Court petitions (OP(KAT) Nos. 275 and 334 of 2014) challenging orders of the Kerala Administrative Tribunal (KAT) relating to pay fixation, pension and arrears for senior administrative officers in the Directorate of Insurance Medical Services and the PWD Administration. The court notes that the issues in these petitions are covered by a prior Division Bench decision in State of Kerala v. C.V. Jacob and Others (2018 (3) KLT 747) and, applying that precedent, sets aside the Tribunal’s order. It directs that the same directions in the CV Jacob judgment apply to the petitioners here as well, requiring suitable fixation of pay and payment of pension and arrears at any rate within six months from the date of receipt of a certified copy of the judgment. The original petitions are disposed of with costs against the parties. The bench comprises Justice K. Vinod Chandran and Justice V.G. Arun, hearing on 06 November 2019, with references to OA 312/2013 and various government orders/annexures in the Appendix. The decision emphasizes uniform application of pay revision principles and immediate relief grounded in a binding precedent rather than continuing Tribunal orders.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that their claims for pay fixation, pension and arrears are governed by the 8th Pay Revision and related Government orders. They contend the Kerala Administrative Tribunal’s order does not grant relief properly and that the matter should be resolved on the basis of established pay scales and pension provisions, as reflected in the annexures and prior Government orders. They urge the adoption of the directions laid down in State of Kerala v. C.V. Jacob and Others (2018) to ensure parity and timely payment of arrears.

Contentions of Respondents

The respondents oppose extending any relief beyond the Tribunal’s order and insist that pay fixation and pension arrears must be computed strictly under applicable government orders and pay revision schemes. They contend that the CV Jacob decision may not automatically apply to these petitioners and request that the Tribunal’s order be sustained or that relief be limited to existing statutory schemes.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
State of Kerala v. C.V. Jacob and Others	2018 (3) KLT 747	Positive	The court states that the petitioners’ issues are covered by this judgment and directs applying its directions to these cases.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** ## **OP(KAT).No.275 OF 2014(Z)** **AGAINST THE ORDER/JUDGMENT IN OA NO.312/2013 DATED 27-05-2014 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **K.BABY ISAC SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM 695 033** **BY ADVS. SMT.A.G.ANEETHA SMT.C.ANCHALA SMT.M.KABANI DINESH** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION SPECIAL-B DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001** **2 PRINCIPAL SECRETARY[FINANCE] FINANCE [PRC-D] DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001** **R1-2 BY SR.GP SRI.ANTONY MUKKATH R3 BY ADV. P.K.RAVISANKAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH OP(KAT) NO.334/2014(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT).Nos.275 & 334 OF 2014(Z) 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** **OP(KAT).No.334 OF 2014** **AGAINST THE ORDER IN OA NO.312/2013 DATED 27-05-2014 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **K BABURAJ, SENIOR ADMINISTRATIVE OFFICER, OFFICE OF THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM - 695 033.** **BY ADVS. SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.V.M.JACOB SRI.M.M.LALBIND SRI.M.SALIM SRI.R.SRINATH** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,**| ||**GENERAL ADMINISTRATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**PRINCIPAL SECRETARY TO GOVERNMENT**| ||**FINANCE DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**KERALA ADMINISTRATIVE TRIBUNAL**| ||**REPRESENTED BY REGISTRAR,**| ||**KERALA ADMINISTRATIVE TRIBUNAL, VANCHIYOOR,**| ||**THIRUVANANTHAPURAM - 695 035.**| OP(KAT).Nos.275 & 334 OF 2014(Z) 3 **4 SHRI K BABY ISAC, SENIOR ADMINISTRATIVE OFFICER DIRECTORATE OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM-695014** **R1-2 BY GOVERNMENT PLEADER R4 BY ADV. SMT.A.G.ANEETHA R4 BY ADV. SMT.M.KABANI DINESH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH OP(KAT).275/2014(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT).Nos.275 & 334 OF 2014(Z) 4 ## **JUDGMENT** ## **K. Vinod Chandran, J.** **The issue raised by the petitioners herein is covered by the judgment of the another Division Bench of this Court in** _**State of Kerala v. C.V. Jacob and Others [2018 (3) KLT 747]**_ **.** **2. We hence set aside the order of the Tribunal and direct that the very same directions in the cited judgment would apply to the petitioners herein also. Suitable fixation shall be made of pay and also pension and arrears paid at any rate within a period of six months from the date of receipt of a certified copy of this judgment.** **The original petition is disposed of. Parties to suffer their respective costs.** ## **Sd/-** ## **K. VINOD CHANDRAN, JUDGE.** ## **Sd/-** ## **V.G. ARUN, JUDGE.** **sp/06/11/19** //True Copy// P.A. To Judge OP(KAT).Nos.275 & 334 OF 2014(Z) 5 ## **APPENDIX OF OP(KAT) 275/2014** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.267/72/PD DATED 07/07/1972. ANNEXURE A2 TRUE COPY OF THE REPRESENTATION FILED BY THE KERALA SECRETARIAT ASSOCIATION DATED 03/08/2011. ANNEXURE A3 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.193/2012(60)/FIN. DATED 29/03/2012. ANNEXURE A4 TRUE COPY OF THE ORDER GO(MS) NO.294/2012/80/FIN. DATED 22/05/2012. ANNEXURE A5 TRUE COPY OF THE REPRESENTATION FILED BY THE FIRST APPLICANT DATED 13/04/2012. ANNEXURE A6 TRUE COPY OF THE LETTER NO.47921/SPL.B1/2012/GAD DATED 04/01/2013 ISSUED BY THE FIRST RESPONDENT. ANNEXURE R2(A) TRUE COPY OF GO(MS) NO.194/2012/(80)/FIN. DATED 22/05/2012. ANNEXURE A7 TRUE COPY OF THE RELEVANT PAGES OF THE ANNEXURE ATTACHED TO THE 4TH PAY REVISION ORDER ISSUED AS PER GO(P) NO.515/85/FIN. DATED 16/09/1985. ANNEXURE A8 TRUE COPY OF THE RELEVANT PAGES OF THE GO(P) NO.85/11/FIN. DATED 26/02/11. ANNEXURE A9 TRUE COPY OF THE HALL TICKET OF THE 1ST APPELLANT AND ADVICE MEMO ISSUED TO HIM BY PSC ON 11/04/1988.** - **ANNEXURE A9(A) ENGLISH TRANSLATION OF ANNEXURE A9. EXHIBIT P1 COPY OF JUDGMENT DT 27/5/2014 IN OA 312/13 OF KERALA ADMINISTRATIVE TRIBUNAL,TVM** - **EXHIBIT P2 COPY OF MEMORANDUM OF O.A 312/13 ALONG WITH ANNEXURES FILED BEFORE K.A.T TVM** OP(KAT).Nos.275 & 334 OF 2014(Z) 6 **EXHIBIT P3 COPY OF REPLY STATEMENT FILED BY FIRST RESPONDENT IN O.A 312/13** **EXHIBIT P4 COPY OF REPLY STATEMENT FILED BY SECOND RESPONDENT IN O.A 312/13** **EXHIBIT P5 COPY OF REJOINDER FILED BY APPLICANTS IN O.A 312/13** - **EXHIBIT P6 COPIES OF PAGES 82,87,187 AND 196 OF THE 8TH PAY REVISION ORDER** - **EXHIBIT P7 COPIES OF PAGES 157 AND 158 OF THE 8TH PAY REVISION.** - **EXHIBIT P8 COPY OF G.O(P) NO 628/2013/(182)/FIN DT 21/12/2013 CONCERNING LOCAL FUND AUDIT DEPARTMENT** - **EXHIBIT P9 COPY OF G.O(P) NO 571/2013(180)/FIN DT 21/11/2013 CONCERNING UNIVERSITIES IN KERALA.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3(A) TRUE COPY OF THE LETTER NO.19735/PRCD2/2014/FIN. DATED 11/04/2014.** **EXHIBIT R3(B) TRUE COPY OF THE REPRESENTATION DATED 18/04/2016 SUBMITTED BY THE KERALA FINANCE OFFICERS ASSOCIATION TO THE 2ND RESPONDENT.** **EXHIBIT R3(C) TRUE COPY OF THE RELEVANT PAGES OF THE FILE NOTINGS IN FILE NO.222934-ARC-1/30/2016FIN.** ## **APPENDIX OF OP(KAT) 334/2014** **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**TRUE COPY OF GO(MS) NO.267/72/PD DATED**| |---|---| ||**07/07/1972.**| |**ANNEXURE A2**|**TRUE COPY OF REPRESENTATION DATED**| ||**03/08/2011.**| |**ANNEXURE A3**|**TRUE COPY OF GO(P) NO.193/2012/(60)/FIN.**| ||**DATED 29/03/2012.**| |**ANNEXURE A4**|**TRUE COPY OF THE ORDER GO(MS) NO.**| ||**294/2012/80/FIN DATED 22/05/2012.**| |**ANNEXURE A5**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**13/04/2012.**| |**ANNEXURE A6**|**TRUE COPY OF THE LETTER**| ||**NO.47921/SP.B1/2012/GAD DATED 04/01/2013.**| |**ANNEXURE A7**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| ||**ANNEXURE ATTACHED TO THE 4TH PAY REVISION**| ||**ORDER ISSUED AS PER GO(P) NO.515/85/FIN.**| ||**DATED 16/09/1980.**| |**ANNEXURE A8**|**TRUE COPY OF THE RELEVANT PAGE OF THE**| ||**GO(P)NO.85/2011/FIN DATED 26/02/2011.**| |**ANNEXURE A9**|**TRUE COPY OF THE HALL TICKET OF THE FIRST**| ||**APPLICANT AND THE ADVICE MEMO ISSUED TO HIM**| ||**BY PSC ON 11/04/1998.**| |**ANNEXURE A9(A)**|**ENGLISH TRANSLATION OF ANNEXURE A9.**| |**ANNEXURE R2(A)**|**TRUE COPY OF GO(MS)NO.294/2012/(80)/FIN**| ||**DATED 22/05/2012.**| |**ANNEXURE A10**|**TRUE COPY OF THE ORDER DATED 18/07/2013 IN**| ||**OA NO.1425/2013.**| |**ANNEXURE A11**|**TRUE COPY OF THE ORDER GO(RT)**| ||**NO.8860/2013/FIN DATED 22/11/2013.**| |**ANNEXURE A12**|**TRUE COPY OF GO(P) NO.628/2013(182)/FIN.**| ||**DATED 21/12/2013.**| |**ANNEXURE A13**|**TRUE COPY OF ORDER GO(MS)**| ||**NO.571/2013(180)/FIN DATED 21/11/2013.**| OP(KAT).Nos.275 & 334 OF 2014(Z) 8 **EXHIBIT P1 TRUE COPY OF THE ORDER DATED 27.05.2014 IN OA NO.312 OF 2013 OF THE KAT, THIRUVANANTHAPURAM.** **EXHIBIT P2 TRUE COPY OF OA NO.312 OF 2013 ALONG WITH ANNEXURES A1 TO A6 AND MISCELLANEOUS APPLICATION.** **EXHIBIT P3 TRUE COPY OF TEPLY STATEMENT SUBMITTED BY THE 1ST RESPONDENT DATED 19.07.2013. EXHIBIT P4 TRUE COPY OF THE REJOINDER DATED 14.08.2013 SUBMITTED BY THE PETITIONER ALONG WITH ANNEXURES A7 TO A9(A).** **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT SUBMITTED BY THE 2ND RESPONDENT ALONG WITH ANNEXURE R2(A) DATED 02.09.2013.** **EXHIBIT P6 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 16.11.2013 FILED BY THE PETITIONER ALONG WITH ANNEXURES A10 TO A13.**