High Court of KeralaDivision BenchO.P.KAT Nos.261, 262, 265, 267 & 270 of 2022 di...
O.P.(KAT).Nos.261, 262, 265, 267 & 270 of 2022 v State of Kerala and Others (Kerala High Court)
Case / Petition Number:O.P.(KAT).Nos.261, 262, 265, 267 & 270 of 2022
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A.K. Jayasankaran Nambiar
- Mohammed Nias C.P.
- Judgment Date
- 2022-08-12
- Court Decision / Holding
- The High Court dismissed the O.P.(KAT) petitions, holding that relegation to the Government for consideration of representations is permissible given pay fixation is an executive function. The court expunged the Tribunal’s para 7 observation that seemed to indicate lack of prejudice and directed the Government to consider representations strictly within prescribed time limits, without disturbing the Tribunal’s order.
- Final Disposition
- O.P.KAT Nos.261, 262, 265, 267 & 270 of 2022 disposed: petitions dismissed; Tribunal’s para 7 observation expunged; Government directed to strictly comply with time limits and consider representations within four months from receipt, in accordance with the Tribunal’s order and the governing policy.
Parties to the Case
Appellants / Petitioners
- P.K. Resia
- K.R. Beena
- T.O. Seena
- R. Bindu
- K.K. Subhash
- A.B. Jisha
- K.K. Shini
- G. Sreerekha
- V. Sita Thankam
- R. Ajayakumar
- Sheela Alokan
- A.S. Sheena
- K.K. Sathiyan
- M.P. Harikumar
- S.S. Meenakumari
- K.S. Suja
- N.R. Radhalekshmi
- S. Manju
- C.N. Renjitha
- P.B. Bindu
- E.P. Balakrishnan
- P.S. Shamla Beegum
- R. Suseela
- K.K. Jayasree
Respondents
- State of Kerala represented by its Secretary to Government, Water Resources Department, Government Secretariat, Thiruvananthapuram
- Secretary to Government Finance Department, Government Secretariat, Thiruvananthapuram
- Chief Engineer, Irrigation and Administration, Thiruvananthapuram
- Accountant General (A&E) Kerala, Thiruvananthapuram
Legal Representation & Advocates
Counsels for Petitioners
- • P. Nandakumar
- • Vivek Vijayakumar
- • Amrutha Sanjeev
- • Shema Elizabeth Scaria
- • K.G. Devipriya
Counsels for Respondents
- • Bijoy Chandra (Govt. Pleader)
Case Synopsis & Summary
These five O.P.(KAT) petitions challenge a common Kerala Administrative Tribunal order dated 23.03.2022 concerning pay revision for Assistant Executive Engineers in the Irrigation Department. The petitioners originally held pre-revised pay scales and were later placed in higher revised scales through the 10th Pay Revision order, but they claim the Tribunal erred by relegating relief to the Government for consideration of representations instead of granting direct relief. They contend that the pay revision, though implemented with retrospective effect from various dates in 2014, did not accord them the higher scale corresponding to the Executive Engineer (non cadre) post (Rs.68,700–Rs.1,10,400), and that their long OA proceeding (four years) warranted immediate correction rather than government remand. The respondents, led by the State and Finance Departments and the Chief Engineer (Irrigation and Administration), defend pay fixation as an executive function requiring consideration of financial capacity, qualifications, mode of appointment, and other policy factors, and urge judicial restraint for such decisions. The High Court, citing Supreme Court authority that pay scale fixation is an executive function and ordinarily not interfered with by courts, holds that the Tribunal’s remand was permissible but erases a prejudicial para 7 observation and requires the Government to dispose of representations within the Tribunal-prescribed time limits. The petitions are disposed, with orders directing timely government consideration while maintaining the Tribunal’s framework.
Provisions of Law Cited
GO (P) No.7/2016/Fin., 20.01.2016 (10th Pay Revision order)G.O. (P) No.536/2012/(116)/FIN. dated 29.09.2012Annex-II (Rules for fixation of pay in the revised scale)
Legal Doctrines & Maxims
- Pay fixations are an executive function; Courts ordinarily do not interfere with executive fixation of pay scales
- Cascading effect of pay revision decisions
- Non-interference principle in pay fixation (executive discretion) as recognized by Supreme Court authority cited (S.C. Chandra v. State of Jharkhand)
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants argued that the Tribunal's remand to the Government after almost four years of OA proceedings is improper and delays the relief they seek. They contend that they were already fixed in the post of Executive Engineer (non cadre) at Rs.36,140–49,740 and that the 10th Pay Revision order directed revision for appointments on or after 01.07.2014; the revised pay of Rs.45,800–89,000 is still lower than the higher scale of Rs.68,700–1,10,400 that corresponds to their prior post and former pay. They assert the Tribunal should have provided direct relief rather than relegating the matter. They rely on the principle that pay scale fixation is an executive function and emphasize delay and prejudice caused by the remand, insisting the Government consider representations within prescribed time limits; they rely on S.C. Chandra and Others v. State of Jharkhand and Others for the principle of executive autonomy in pay fixation.
Contentions of Respondents
The respondents contend that fixation of pay scales is a purely executive function requiring consideration of financial capacity, qualifications, mode of appointment, and other factors, which create a cascading effect. Interference by courts would undermine executive policy and financial constraints. They argue the Tribunal acted within its remit by relegating the matter to the Government for representations, and that the Government’s timely consideration is appropriate. They acknowledge the Tribunal’s para 7 observation should not prejudice the petitioners, but maintain that the ultimate remedy lies in government determination following due process and within time limits. They rely on the same executive-function doctrine and case law to justify non-interference with pay fixations.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| S.C. Chandra and Others v. State of Jharkhand and Others | [(2007) 8 SCC 279] | Positive | Cited by the High Court to support the proposition that pay scale fixation is an executive function and that courts ordinarily do not interfere with executive pay fixation; lends support to relegating the matter to Government for decision. |
| Decision reported in 2012 (3) KLT 92 | 2012 (3) KLT 92 | Mentioned Only | Referenced in Annexure (A17) to illustrate a related decision; not a central part of the judicial reasoning in the main judgment. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**FRIDAY, THE 12[TH] DAY OF AUGUST 2022/21ST SRAVANA, 1944**
## **O.P(KAT).NO.261 OF 2022**
**AGAINST THE ORDER DATED 23.03.2022 IN O.A(EKM).NO.65/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/APPLICANTS IN OA:**
**1 P.K.RESIA AGED 49 YEARS**
**ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030, RESIDING AT AYYAMBRATH HOUSE, VADACODE P.O., PUTHIYA ROAD, KANGARAPPADY, ERNAKULAM, PIN - 682021**
**2 K.R.BEENA AGED 53 YEARS**
**ASSISTANT EXECUTIVE ENGINEER (PLANNING), OFFICE OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM-695 033,RESIDING AT KARTHIKA, MANNANTHALA P.O.,THIRUVANANTHAPURAM , PIN - 695015**
**3 T.O.SEENA AGED 48 YEARS**
**ASSISTANT EXECUTIVE ENGINEER, TECHNICAL ASSISTANT, M.V.I.P.DIVISION, PIRAVOM P.O., ERNAKULAM - 686 684,RESIDING AT 7D, ROYAL FORTRESS, MAJELIPADOM ROAD, EROOR P.O., TRIPUNITHURA, ERNAKULAM, PIN - 682306**
**4 R.BINDU AGED 51 YEARS**
**ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, KOLLAM - 690 001, RESIDING AT SAI BHAVAN, THAZHUTHALA P.O., KOTTIYAM, KOLLAM - 691 571, PIN - 691571**
**BY ADV.SRI.P.NANDAKUMAR BY ADV.SRI.VIVEK VIJAYAKUMAR**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 2 ::**
**of 2022**
**BY ADV.SMT.AMRUTHA SANJEEV BY ADV.SMT.SHEMA ELIZABETH SCARIA BY ADV.SMT.K.G. DEVIPRIYA**
## **RESPONDENTS/RESPONDENTS IN OA:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001**
- **2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001**
- **3 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM, PIN - 695033**
- **4 THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM, PIN – 695039**
**BY SRI.BIJOY CHANDRAN, GOVT. PLEADER**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2022, ALONG WITH OP(KAT).262/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 3 :: of 2022**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**FRIDAY, THE 12[TH] DAY OF AUGUST 2022/21ST SRAVANA, 1944**
## **O.P(KAT).NO.262 OF 2022**
**AGAINST THE ORDER DATED 23.03.2022 IN O.A(EKM).NO.64/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/APPLICANTS IN OA:**
**1 K.K.SUBHASH AGED 56 YEARS S/O KUNHAN BAVA, ASSISTANT EXECUTIVE ENGINEER (RETIRED), MINOR IRRIGATION SUB DIVISION, THRISSUR - 680 003, RESIDING AT KAITHA VALAPPIL HOUSE, VILLADAM, RAMAVARMAPURAM P.O., THRISSUR , PIN - 680631**
**2 A.B.JISHA AGED 50 YEARS W/O NIRMAL KUMAR, ASSISTANT EXECUTIVE ENGINEER, PERSONAL ASSISTANT TO EXECUTIVE ENGINEER, IRRIGATION DIVISION, THRISSUR - 680 020, RESIDING AT SANTHI NIVAS, VARANDARAPPILLY, THRISSUR , PIN - 680303**
**3 K.K.SHINI AGED 50 YEARS W/O SUBHASH, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE DEPUTY DIRECTOR, SEDIMENTATION DIVISION, KERI, PEECHI, THRISSUR - 680 653, RESIDING AT PADINJAREPURACKAL HOUSE, NO.45, SREELEKSHMY NAGAR,**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 4 :: of 2022**
## **OLLUKKARA, MANNUTHY, THRISSUR - 680 651, PIN - 680651**
## **4 G.SREEREKHA AGED 50 YEARS**
- **W/O ASOKAN, ASSISTANT EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION PROJECTS DIVISION NO.2, ALUVA, ERNAKULAM - 683 101, RESIDING AT KATTOOKKARN SOUTH NALUVAZHI, NORTH PARAVOOR, ERNAKULAM , PIN - 683513**
## **5 V.SITA THANKAM AGED 45 YEARS**
- **W/O SAJAN, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION QUALITY CONTROL DIVISION, CHEMBUKAVU, THRISSUR - 680 020, RESIDING AT ASWATHY, SEEVELI LANE, KAITHAMUKKU, PETTAH,THIRUVANANTHAPURAM - 695 024, PIN - 695024**
- **BY ADV.SRI.P.NANDAKUMAR BY ADV.SMT.AMRUTHA SANJEEV BY ADV.SRI.VIVEK VIJAYAKUMAR BY ADV.SMT.SHEMA ELIZABETH SCARIA BY ADV.SMT.K.G. DEVIPRIYA**
## **RESPONDENTS/RESPONDENTS IN OA:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001**
- **2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001**
- **3 THE CHIEF ENGINEER**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 5 :: of 2022**
**IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM , PIN - 695033**
- **4 THE ACCOUNTANT GENERAL (A&E) KERALA KERALA, THIRUVANANTHAPURAM, PIN – 695039**
**BY SRI.BIJOY CHANDRAN, GOVT. PLEADER**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2022 ALONG WITH OP(KAT).261/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 6 :: of 2022**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**FRIDAY, THE 12[TH] DAY OF AUGUST 2022/21ST SRAVANA, 1944**
## **O.P(KAT).NO.265 OF 2022**
**AGAINST THE ORDER DATED 23.03.2022 IN O.A(EKM).NO.63/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/APPLICANTS 1 TO 5 IN OA:**
- **1 R. AJAYAKUMAR AGED 51 YEARS**
**S/O. RAMACHANDRAN NAIR, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, 4TH FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030,RESIDING AT MANJILIKKAD HOUSE, VAYALAR P.O., CHERTHALA, ALAPPUZHA, PIN - 688536**
- **2 SHEELA ALOKKAN AGED 53 YEARS**
**W/O.SAJEEVAN, ASSISTANT EXECUTIVE ENGINEER, PERSONAL ASSISTANT TO EE IRRIGATION, JUBILEE COMPLEX, THALASSERRY-670 101, RESIDING AT NANDANAM, MAMBRA P.O., CHAKKARAKKAL, KANNUR, PIN - 670101**
- **3 A.S.SHEENA AGED 51 YEARS**
**W/O ANILKUMAR, ASSISTANT EXECUTIVE ENGINEER, KUTTANAD DEVELOPMENT SUB DIVISION, ARPOOKARA.P.O., ARPOOKARA WEST, KOTTAYAM - 686 008,RESIDING AT SUVRINDAM, H.B. COLONY, AMMANCHERRY, AMALAGIRI P.O.,**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 7 :: of 2022**
## **KOTTAYAM, PIN - 686561**
**4 K.K.SATHIYAN AGED 53 YEARS S/O SAMI, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SOUTH SUB DIVISION, CIVIL STATION, KOZHIKODE - 673 020, RESIDING AT KANIYANKANDY, PERUVATTOOR P.O., KOYILANDY, KOZHIKODE , PIN - 673620**
- **5 M.P.HARIKUMAR AGED 54 YEARS S/O PANKAJAKSHAN PILLAI, ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, PATHANAMTHITTA - 689 645, RESIDING AT VARADAM, MALAMEKKARA , ADOOR P.O., PATHANAMTHITTA , PIN - 691523**
**BY ADV.SRI.P.NANDAKUMAR BY ADV.SMT.AMRUTHA SANJEEV BY ADV.SRI.VIVEK VIJAYAKUMAR BY ADV.SMT.SHEMA ELIZABETH SCARIA BY ADV.SMT.K.G. DEVIPRIYA**
## **RESPONDENTS/RESPONDENTS 1 TO 4 IN OA:**
**1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001., PIN - 695001**
**2 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM, PIN - 695033**
- **3 THE ACCOUNTANT GENERAL (A&E) KERALA**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 8 :: of 2022**
**THE ACCOUNTANT GENERA(A&E) KERALA, THIRUVANANTHAPURAM - 695 039, PIN - 695039**
- **4 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.BIJOY CHANDRAN, GOVT. PLEADER**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2022, ALONG WITH OP(KAT).NO.261/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 9 :: of 2022**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**FRIDAY, THE 12[TH] DAY OF AUGUST 2022/21ST SRAVANA, 1944**
**O.P(KAT).NO.267 OF 2022 AGAINST THE ORDER DATED 23.03.2022 IN OA(EKM) NO.406/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/APPLICANTS IN OA:**
**1 S.S MEENAKUMARI AGED 49 YEARS W/O. SUDHIR KUMAR, ASSISTANT EXECUTIVE ENGINEER, TECHNICAL ASSISTANT, MINOR IRRIGATION CIRCLE, AMBALAMUKKU, THIRUVANANTHAPURAM - 695 005, RESIDING AT T.C 14/1308, ROHINI, ARAPPURA LANE, KANNANMOOLA P.O., MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011.**
- **2 K.S. SUJA AGED 52 YEARS**
**W/O AJAYAN, ASSISTANT EXECUTIVE ENGINEER, MVIP SUB DIVISION NO. 9, RAMAMANGALAM, MUVATTUPUZHA, ERNAKAULAM -686 663, RESIDING AT GANGOTHRI, EAST GATE VAIKOM P.O., KOTTAYAM , PIN - 686141**
- **3 N.R. RADHALEKSHMY AGED 55 YEARS**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 10 :: of 2022**
**W/O MADHUKUMAR, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER (I & A) MUSEUM P.O., THIRUVANANTHAPURAM - 695 033, RESIDING AT T.C - 50/1977, SOUPARNIKA, KARAKKAD LANE, KARAKKAMANDAPAM, NEMAM, THIRUVANANTHAPURAM, PIN - 695020**
**4 S. MANJU AGED 48 YEARS W/O.DEEPU, ASSISTANT EXECUTIVE ENGINEER DEPUTY DIRECTOR, DAM SAFETY, OFFICE OF THE CHIEF ENGINEER IDRB VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033, RESIDING AT KP-XI/809 AMBALAMUKKU, MUTTADA ROAD, KOWDIYAR, THIRUVANANTHAPURAM - 695003 5 C.N. RENJITHA AGED 49 YEARS W/O. RAJEEV, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SOUTH SUB DIVISION, THIRUVANANTHAPURAM - 695 033, RESIDING AT T.C - 17/228/36, KRISHNA, VNRA-199, PANGODE, THIRUMALA, THIRUVANANTHAPURAM, PIN - 695609**
**BY ADV.SRI.P.NANDAKUMAR BY ADV.SMT.AMRUTHA SANJEEV BY ADV.SRI.VIVEK VIJAYAKUMAR BY ADV.SMT.SHEMA ELIZABETH SCARIA BY ADV.SMT.K.G. DEVIPRIYA**
## **RESPONDENTS/RESPONDENTS IN OA:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001, PIN - 695001**
- **2 THE SECRETARY TO GOVERNMENT**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 11 :: of 2022**
# **FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001**
- **3 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM, PIN - 695033**
- **4 THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM, PIN – 695039**
**BY SRI.BIJOY CHANDRAN, GOVT. PLEADER**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2022 ALONG WITH OP(KAT).261/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 12 :: of 2022**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**FRIDAY, THE 12[TH] DAY OF AUGUST 2022/21ST SRAVANA, 1944**
## **OP(KAT).NO.270 OF 2022**
**AGAINST THE ORDER IN O.A(EKM).NO.66/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/APPLICANTS 1 TO 5 IN OA:**
- **1 P.B. BINDU AGED 53 YEARS**
**W/O SETHUMADHAVAN, ASSISTANT EXECUTIVE ENGINEER, QUALITY CONTROL SUB DIVISION, CAVERY HOUSE, WEST HILL P.O., KOZHIKODE - 673 005, RESIDING AT RAM VIHAR, PEREZHIPARAMBIL, ATAVANAD P.O., MALAPPURAM , PIN - 676301**
**2 E.P.BALAKRISHNAN AGED 50 YEARS S/O UNNIPERAN, ASSISTANT EXECUTIVE ENGINEER, HEAD WORKS SUB DIVISION, MALAMPUZHA IRRIGATION PROJECT, MALAMPUZHA, PALAKKAD - 678 651, RESIDING AT NANDANAM, EAST VAKKETHODI, MULLAMPARA, MANJERI P.O., MALAPPURAM, PIN - 676121**
**3 P.S.SHAMLA BEEGUM AGED 52 YEARS W/O.SHAJI, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, CHANGANACHERRY, KOTTAYAM-686 101,RESIDING AT SITHARA, KUNNUMBHAGOM, KANJIRAPPALLY**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 13 :: of 2022**
## **P.O., KOTTAYAM, PIN - 686507**
## **4 R.SUSEELA**
**AGED 52 YEARS**
**W/O R. RAJAGOPAL, ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, KOTTAYAM-678 001,RESIDING AT KRIPA, J/49 JYOTHI NAGAR, KESAVADASPURAM P.O., THIRUVANANTHAPURAM , PIN - 695004**
- **5 K.K.JAYASREE, AGED 53 YEARS**
- **W/O CHANDRAN, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER, INVESTIGATION, IDRB VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033, RESIDING AT ANUPALLAVI, HOUSE NO.59, VIKAS NAGAR, SREEKARIYAM, THIRUVANANTHAPURAM , PIN - 695017**
- **BY ADV.SRI.P.NANDAKUMAR BY ADV.SRI.VIVEK VIJAYAKUMAR BY ADV.SMT.AMRUTHA SANJEEV BY ADV.SMT.SHEMA ELIZABETH SCARIA BY ADV.SMT.K.G. DEVIPRIYA**
## **RESPONDENTS/RESPONDENTS 1 TO 4 IN OA:**
- **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 685001**
- **2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001**
- **3 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM,**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 14 :: of 2022**
## **PIN - 695033**
## **4 THE ACCOUNTANT GENERAL (A&E) KERALA THIRUVANANTHAPURAM , PIN – 695039**
## **BY SRI.BIJOY CHANDRAN, GOVT. PLEADER**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2022 ALONG WITH O.P(KAT).NO.261/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 15 :: of 2022**
## **J U D G M E N T**
## **A.K. Jayasankaran Nambiar, J.**
All these O.P.(KAT)'s arise from a common order dated 23.03.2022 of the Kerala Administrative Tribunal in O.A.Nos.63, 64, 65, 66 and 406 of 2018. The brief facts necessary for disposal of these O.P.(KAT)'s are as follows:
The petitioners herein, who were the applicants in the O.A.'s aforementioned, are presently working as Assistant Executive Engineers in the Irrigation Department. They were originally appointed as Assistant Engineers and were granted placement as Executive Engineers (non cadre) with effect from December, 2014 in the scale of pay of Rs.36,140 – 49,740. While so, the Government, as per the 10[th] Pay Revision order, issued as per G.O.(P).No.7/2016/Fin. 20.01.2016, revised the pay scales with effect from 01.07.2014 and directed that all appointments and promotions made on or after
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 16 :: of 2022**
01.07.2014 shall be deemed to have been made in the revised scale of pay and that pay would be regulated accordingly. As a consequence, the pay scale of the petitioners came to be revised to Rs.45,800 – 89,000, which is the pay scale corresponding to the pre-revised scale of Rs.24,040 – 38,840. The revised pay was given retrospective effect from various dates in December, 2014. The petitioners were aggrieved by the said retrospective revision since, according to them, it has been done ignoring the fact that the pay of the petitioners had already been fixed in the scale of Rs.36,140 – 49,740 (pre-revised) in the post of Executive Engineer (non cadre). It was their contention before the Tribunal that they ought to have been placed in the revised scale of Rs.68,700 – 1,10,400, which was the higher scale corresponding to the pay scale that was extended to them in the post of Executive Engineer (non cadre).
2. The Tribunal, on a consideration of the issue, found that inasmuch as the relief sought for by the petitioners was essentially for the extension of a higher pay scale than what was extended to them through the Government Order dated 20.01.2016, it was prudent to let the Government decide the issue first based on a
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 17 :: of 2022**
consideration of the representations to be filed by the petitioners before the Tribunal examined the matter in judicial review. The Tribunal therefore disposed the O.A.'s by relegating the applicants to
their remedy of approaching the Government through representations filed within one month from the date of receipt of the order of the Tribunal so that the Government could thereafter consider and pass orders on the said representations within four months from the date of receipt of the said representations.
4. In the O.P.(KAT)'s before us, the contention of the petitioners is essentially twofold. Firstly, they would point out to the fact that the O.A.'s were pending before the Tribunal for almost four years, and under those circumstances, it was not open to the Tribunal to relegate the matter to the Government thereafter. Secondly, it is pointed out that at paragraph 7 of the impugned order of the Tribunal, the Tribunal has made a _prima facie_ observation that the applicants were not seriously prejudiced by the implementation of the Pay Revision order. This, according, to the petitioners, would seriously prejudice them before the Government to whom they have been relegated for redressal of their grievance.
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 18 :: of 2022**
5. We have heard the learned counsel for the petitioners as also the learned Government Pleader for the respondents.
6. On a consideration of the rival submissions, while we find force in the submission of the learned counsel for the petitioners as regards the observations by the Tribunal in paragraph 7 of the impugned order, we feel that the Tribunal was justified in relegating the petitioners before the Government at first instance, to consider their representations with regard to extension of a higher pay scale. As has been noticed by the Supreme Court in _**S.C. Chandra and Others v. State of Jharkhand and Others - [(2007) 8 SCC 279]**_ ,
granting of pay scales is a purely executive function, and a delicate one at that since it requires various considerations including financial capacity, responsibility, educational qualifications, mode of appointment etc., to be taken into account, and it has a cascading effect. It is therefore that courts ordinarily do not interfere with the fixation of pay scale by the executive. In the light of the said observations by the Supreme Court, we find that the Tribunal cannot be faulted for having relegated the petitioners herein before the
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 19 :: of 2022**
Government at first instance, to consider their representations seeking the extension of the higher pay scale. We do find, however, that the observation of the Tribunal at paragraph 7, which indicates that it did not appear to the Tribunal _prima facie_ that the applicants were seriously prejudiced by the implementation of the Pay Revision order, has to be expunged. In our view, having relegated the matter for consideration by the Government, it was not open to the Tribunal to express any _prima facie_ view regarding the merits of the claim. At any rate, we find, as a matter of fact, that the petitioners were prejudiced by the scale extended to them pursuant to the Pay Revision orders, and it is therefore that there was a need for the Government to examine their claim for extension of the higher pay scale.
7. In the result, while dismissing these O.P.(KAT)'s, without interfering with the impugned order of the Tribunal, we expunge the first sentence in paragraph 7 of the impugned order, and direct the Government to strictly comply with the time limits prescribed in the order of the Tribunal while considering the representations independently, and _de hors_ any of the observations in the order of the
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 20 :: of 2022**
Tribunal.
The O.P.(KAT)'s are disposed as above.
**Sd/A.K.JAYASANKARAN NAMBIAR JUDGE**
**Sd/MOHAMMED NIAS C.P. JUDGE**
**prp/**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 21 :: of 2022**
## **APPENDIX OF O.P(KAT).NO.261/2022**
## **PETITIONER ANNEXURES:**
**Annexure A1 TRUE COPY OF ORDER NO. A3-213/2014/ VOL. ILL DATED 25.02.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO 1ST APPLICANT Annexure A2 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 1ST APPLICANT DATED 23 (26).03.2015**
**Annexure A3 TRUE COPY OF THE ORDER NO. A3-5060/2015 DATED 21.03.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 2ND APPLICANT Annexure A4 TRUE COPY OF THE PAY/LEAVE SALARY SLIP (ORIGINAL) DATED 17.02.2015 OF THE 2ND APPLICANT Annexure A5 TRUE COPY OF THE ORDER NO. A315100/2015/CAS DATED 28.10.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 3RD APPLICANT Annexure A6 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 3RD APPLICANT DATED 22 (18).12.2015**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 22 :: of 2022**
|**Annexure A7**|**TRUE COPY OF THE ORDER NO. A3-5060/2015/**|
|---|---|
||**DATED 21.03.2015 OF THE CHIEF ENGINEER,**|
||**IRRIGATION AND ADMINISTRATION RELATING TO**|
||**THE 4TH APPLICANT**|
|**Annexure A8**|**TRUE COPY OF THE PAY/LEAVE SALARY**|
||**SLIP(ORIGINAL) OF THE 4TH APPLICANT DATED**|
||**26.05.2015**|
|**Annexure A9**|**TRUE COPY OF ANNEXURE IL OF RULES FOR**|
||**FIXATION OF PAY IN THE REVISED SCALE OF PAY**|
|**Annexure A10**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 24.05.2016 OF THE 1ST**|
||**APPLICANT**|
|**Annexure A11**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 12.05.2016 OF THE 2ND**|
||**APPLICANT**|
|**Annexure A12**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 18.07.2016 OF THE 3RD**|
||**APPLICANT**|
|**Annexure A13**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 12.05.2016 OF THE 4TH**|
||**APPLICANT**|
|**Annexure A14**|**TRUE COPY OF THE DECISION REPORTED IN 2012**|
||**(3) KLT 92 DECIDED ON 24-08-2011**|
|**Annexure A15**|**TRUE COPY OF THE ORDER IN O.A. NO. 904/2014**|
||**DATED 04.10.2017 OF THE HON'BLE TRIBUNAL**|
|**Annexure A16**|**TRUE COPY OF THE G.O. (P) NO. 536/ 2012/116**|
||**/FIN. DATED 29-09-2012 OF THE GOVERNMENT**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 23 :: of 2022**
## **ALONG WITH RELEVANT PAGE OF ANNEXURE**
## **Annexure A17**
**TRUE COPY OF THE ANNEX-II (RULES FOR FIXATION OF PAY IN THE REVISED SCALE)**
## **Exhibit1**
**TRUE COPY OF THE ORDER DATED 23.03.2022 IN OA (EKM) NO. 65 OF 2018 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH.**
## **Exhibit P2**
**TRUE COPY OF TRUE COPY OF ORIGINAL APPLICATION OA (EKM) NO. 65 OF 2018 ALONG WITH ANNEXURES**
**Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT**
**Exhibit P4**
**TRUE COPY OF REJOINDER DATED 11.08.2019 BY THE APPLICANTS TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 24 :: of 2022**
## **APPENDIX OF O.P(KAT).NO.262/2022**
## **PETITIONER ANNEXURES:**
- **Annexure A1 TRUE COPY OF THE ORDER NO. A3-15100/2015/ CAS DATED 28.10.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO 1ST APPLICANT**
- **Annexure A2 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 1ST APPLICANT DATED 02(4).12.2015**
- **Annexure A3 TRUE COPY OF THE ORDER NO. A3-15100/2015/ CAS DATED 28.10.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 2ND APPLICANT**
- **Annexure A4 TRUE COPY OF THE PAY/LEAVE SALARY SLIP (ORIGINAL) DATED 01.12.2015 OF THE 2ND APPLICANT**
- **Annexure A5 TRUE COPY OF THE ORDER NO. A3-11988/2015/ CAS DATED 25.06.2015 OF THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION RELATING TO THE 3RD APPLICANT**
- **Annexure A6 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 3RD APPLICANT DATED 21(22).07.2015**
- **Annexure A7 TRUE COPY OF THE ORDER NO. A3-8800/2015/ CAS DATED 30.06.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 4TH APPLICANT**
- **Annexure A8 TRUE COPY OF THE PAY/LEAVE SALARY SLIP**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 25 :: of 2022**
||**(ORIGINAL) OF THE 4TH APPLICANT DATED**|
|---|---|
||**03.08.2015**|
|**Annexure A9**|**TRUE COPY OF THE ORDER NO, A3-22780/2015/**|
||**CAS DATED 06.11.2015 OF THE CHIEF ENGINEER,**|
||**IRRIGATION AND ADMINISTRATION RELATING TO**|
||**THE 5TH APPLICANT**|
|**Annexure A10**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 04.08.2016 OF THE 5TH**|
||**RESPONDENT**|
|**Annexure A11**|**TRUE COPY OF ANNEXURE IL OF RULES FOR**|
||**FIXATION OF PAY IN THE REVISED SCALE OF PAY**|
|**Annexure A12**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 21.10.2016 OF THE 1ST**|
||**APPLICANT**|
|**Annexure13**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 29.06.2016 OF THE 2ND**|
||**APPLICANT**|
|**Annexure A14**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 23.06.2016 OF THE 3RD**|
||**APPLICANT**|
|**Annexure A15**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 21.06.2016 OF THE 4TH**|
||**APPLICANT**|
|**Annexure A16**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 22.09.2016 OF THE 5TH**|
||**APPLICANT**|
|**Annexure17**|**TRUE COPY OF THE DECISION REPORTED IN 2012**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 26 :: of 2022**
## **(3) KLT 92 DECIDED ON 24-08-2011**
**Annexure A18 TRUE COPY OF THE ORDER IN O.A. NO.904/2014 DATED 04.10.2017 OF THE HON'BLE TRIBUNAL**
- **Annexure A19**
- **TRUE COPY OF THE G.O. (P) NO. 536/2012/ (116)/FIN. DATED 29.09.2012 OF THE GOVERNMENT ALONG WITH RELEVANT PAGE OF ANNEXURE**
- **Annexure A20 TRUE COPY OF THE ANNEX-IL (RULES FOR FIXATION OF PAY IN THE REVISED SCALE**
- **Exhibit P1 TRUE COPY OF THE ORDER DATED 23.03.2022 IN OA (EKM) NO.64 OF 2018 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH.**
- **Exhibit P2 TRUE COPY OF TRUE COPY OF ORIGINAL APPLICATION OA (EKM) NO.64 OF 2018 ALONG WITH ANNEXURES**
**Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 4TH RESPONDENT DATED 06.07.2018**
**Exhibit P4 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT DATED IN MAY,2019**
**Exhibit P5 TRUE COPY OF REJOINDER DATED 11.08.2019 BY THE APPLICANTS TO THE REPLY STATEMENT FILED BY THE 3RD AND 4TH RESPONDENT**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 27 :: of 2022**
## **APPENDIX OF O.P(KAT).NO.265/2022**
## **PETITIONER ANNEXURES:**
## **Annexure A1**
**TRUE COPY OF ORDER NO. A3-5060/2015 DATED 21.03.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO 1ST APPLICANT**
**Annexure2 TRUE COPY OF ORDER OF THE PAY/LEAVE SALARY SLIP OF THE 1ST APPLICANT DATED 13.04.2015**
- **Annexure A3 TRUE COPY OF THE ORDER NO. A3-8800/2015/ CAS DATED 30.06.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 2ND APPLICANT**
- **Annexure A4 TRUE COPY OF ORDER OF THE PAY/LEAVE SALARY SLIP (ORIGINAL) DATED 03.08.2015 OF THE 2ND APPLICANT**
**Annexure A5 TRUE COPY OF THE ORDER NO. A3-15100/ 2015/CAS DATED 28.10.2015 OF THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION RELATING TO THE 3RD APPLICANT**
- **Annexure A6 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 3RD APPLICANT DATED 27.11.2015**
**Annexure A7 TRUE COPY OF THE ORDER NO. A327125/2015/CAS DATED 02.12.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 4TH APPLICANT**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 28 :: of 2022**
|**Annexure A8**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
|---|---|
||**(ORIGINAL) OF THE 4TH APPLICANT DATED**|
||**14.01.2016**|
|**Annexure A9**|**TRUE COPY OF THE ORDER NO. A3-8800/2015/CAS**|
||**DATED 05.10.2015 OF THE CHIEF ENGINEER,**|
||**IRRIGATION AND ADMINISTRATION RELATING TO**|
||**THE 5TH APPLICANT**|
|**Annexure A10**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 27.10.2015 OF THE 5TH**|
||**RESPONDENT**|
|**Annexure A11**|**TRUE COPY OF ANNEXURE II OF RULES FOR**|
||**FIXATION OF PAY IN THE REVISED SCALE OF PAY**|
|**Annexure A12**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 20.07.2016 OF THE 1ST**|
||**APPLICANT**|
|**Annexure A13**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 12.04.2016 OF THE 2ND**|
||**APPLICANT**|
|**Annexure A14**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 25.05.2016 OF THE 3RD**|
||**APPLICANT**|
|**Annexure A15**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 25.06.2016 OF THE 4TH**|
||**APPLICANT**|
|**Annexure A16**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 15.04.2016 OF THE 5TH**|
||**APPLICANT**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 29 :: of 2022**
- **Annexure A17 TRUE COPY OF THE DECISION REPORTED IN 2012 (3) KLT 92 DECIDED ON 24.08.2011**
- **Annexure A18 TRUE COPY OF THE ORDER IN O.A. NO 904/2014 DATED 04.10.2017 OF THE HON'BLE TRIBUNAL**
- **Annexure A19 TRUE COPY OF THE G.O. (P) NO. 536/2012/ (116)/FIN. DATED 29.09.2012 OF THE GOVERNMENT ALONG WITH RELEVANT PAGE OF ANNEXURE**
- **Annexure A20 TRUE COPY OF THE ANNEX-II (RULES FOR FIXATION OF PAY IN THE REVISED SCALE)**
- **Exhibit P1 TRUE COPY OF THE ORDER DATED 23.03.2022 IN**
- **TRUE COPY OF THE ORDER DATED 23.03.2022 IN OA (EKM) NO. 63 OF 2018 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH**
- **Exhibit P2 TRUE COPY OF ORIGINAL APPLICATION OA (EKM) NO. 63 OF 2018 ALONG WITH ANNEXURES**
- **Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT DATED 17.11.2021**
**Exhibit P4 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT DATED 20.11.2021**
- **Exhibit P5 TRUE COPY OF REJOINDER DATED 24.11.2021 BY THE APPLICANTS**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 30 :: of 2022**
## **APPENDIX OF O.P(KAT).NO.267/2022**
## **PETITIONER ANNEXURES:**
|**Annexure1**|**TRUE COPY OF THE ORDER NO.A3-5060/2015/**|
|---|---|
||**DATED 21.03.2015 OF THE CHIEF ENGINEER,**|
||**IRRIGATION AND ADMINISTRATION RELATING TO**|
||**1ST , 2ND AND 3RD APPLICANTS**|
|**Annexure A2**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF**|
||**THE 1ST APPLICANT DATED 16(17).04.2015**|
|**Annexure A3**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**DATED 12.05.2015 OF THE 2ND APPLICANT**|
|**Annexure A4**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF**|
||**THE 3RD APPLICANT DATED 28.04.2015**|
|**Annexure A5**|**TRUE COPY OF THE ORDER NO. A3-**|
||**20005/2015/CAS DATED 12.10.2015 OF THE**|
||**CHIEF**<br>**ENGINEER,**<br>**IRRIGATION**<br>**AND**|
||**ADMINISTRATION RELATING TO THE 4TH**|
||**APPLICANT**|
|**Annexure A6**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) OF THE 4TH APPLICANT DATED**|
||**28.10.2015**|
|**Annexure A7**|**TRUE COPY OF THE ORDER NO. A3-**|
||**22780/2015/CAS DATED 16.12.2015 OF THE**|
||**CHIEF**<br>**ENGINEER,**<br>**IRRIGATION**<br>**AND**|
||**ADMINISTRATION RELATING TO THE 5TH**|
||**APPLICANT**|
|**Annexure A8**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 31 :: of 2022**
||**(ORIGINAL) DATED 08.01.2016 OF THE 5TH**|
|---|---|
||**RESPONDENT**|
|**Annexure A9**|**TRUE COPY OF ANNEXURE IL OF RULES FOR**|
||**FIXATION OF PAY IN THE REVISED SCALE OF PAY**|
|**Annexure A10**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 11.05.2016 OF THE 1ST**|
||**APPLICANT**|
|**Annexure A11**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 13.04.2016 OF THE 2ND**|
||**APPLICANT**|
|**Annexure A12**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 15.04.2016 OF THE 3RD**|
||**APPLICANT**|
|**Annexure13**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 24.05.2016 OF THE 4TH**|
||**APPLICANT**|
|**Annexure A14**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 24.06.2016 OF THE 5TH**|
||**APPLICANT**|
|**Annexure A15**|**TRUE COPY OF THE DECISION REPORTED IN 2012**|
||**(3) KLT 92 DECIDED ON 24.08.2011**|
|**Annexure A16**|**TRUE COPY OF THE ORDER IN O.A. NO 904/2014**|
||**DATED 04.10.2017 OF THE HON'BLE TRIBUNAL**|
|**Annexure A17**|**TRUE COPY OF THE G.O. (P) NO. 536/ 2012/**|
||**(116)/FIN. DATED 29.09.2012 OF THE**|
||**GOVERNMENT ALONG WITH RELEVANT PAGE OF**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 32 :: of 2022**
## **ANNEXURE**
## **Annexure A18**
## **Exhibit1**
## **Exhibit2**
## **Exhibit P3**
**Exhibit P4**
**TRUE COPY OF THE ANNEX-II (RULES FOR FIXATION OF PAY IN THE REVISED SCALE)**
**TRUE COPY OF THE ORDER DATED 23.03.2022 IN OA (EKM) NO. 406 OF 2018 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH.**
**TRUE COPY OF TRUE COPY OF ORIGINAL APPLICATION OA (EKM) NO. 406 OF 2018 ALONG WITH ANNEXURES**
**TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 1ST AND 2ND RESPONDENT DATED 30.09.2021 IN OA(EKM) NO.66/2020 ALONG WITH ADOPTION MEMO**
**TRUE COPY OF REJOINDER DATED 24.11.2021 BY THE APPLICANTS TO THE REPLY STATEMENT FILED BY THE 1ST AND 2ND RESPONDENTS**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 33 :: of 2022**
## **APPENDIX OF O.P(KAT).NO.270/2022**
## **PETITIONER ANNEXURES:**
- **Annexure A1 TRUE COPY OF THE ORDER NO. A3-213/2014/ DATED 23.02.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO 1ST APPLICANT**
- **Annexure A2 TRUE COPY OF ORDER OF THE PAY/LEAVE SALARY SLIP OF THE 1ST APPLICANT DATED 20 .03.2015**
- **Annexure A3 TRUE COPY OF THE ORDER NO. A3-213/2014(I) DATED 05.11.2014 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 2ND APPLICANT**
- **Annexure A4 TRUE COPY OF ORDER OF PAY/LEAVE SALARY SLIP (ORIGINAL) DATED 02.12.2014 OF THE 2ND APPLICANT**
- **Annexure A5 TRUE COPY THE ORDER NO. A3-213/2014 DATED 27.12.2014 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 3RD APPLICANT**
- **Annexure A6 TRUE COPY OF THE PAY/LEAVE SALARY SLIP OF THE 3RD APPLICANT DATED 02.02.2015**
- **Annexure A7 TRUE COPY OF THE ORDER NO. A3-213/2014/ VOL. IL DATED 22.01.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 4TH APPLICANT**
- **Annexure A8**
**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 34 :: of 2022**
**(ORIGINAL) OF THE 4TH APPLICANT DATED 16.02.2015**
**Annexure A9 TRUE COPY OF THE ORDER NO. A3-27125/2015/ CAS DATED 08.12.2015 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION RELATING TO THE 5TH APPLICANT**
|**Annexure A10**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
|---|---|
||**(ORIGINAL) DATED 05(06).01.2016 OF THE 5TH**|
||**RESPONDENT**|
|**Annexure A11**|**TRUE COPY OF ANNEXURE IL OF RULES FOR**|
||**FIXATION OF PAY IN THE REVISED SCALE OF PAY**|
|**Annexure A12**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 01.06.2016 OF THE 1ST**|
||**APPLICANT**|
|**Annexure A13**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 10.05.2016 OF THE 2ND**|
||**APPLICANT**|
|**Annexure A14**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 16.08.2016 OF THE 3RD**|
||**APPLICANT**|
|**Annexure A15**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 08.08,2016 OF THE 4TH**|
||**APPLICANT**|
|**Annexure A16**|**TRUE COPY OF THE PAY/LEAVE SALARY SLIP**|
||**(ORIGINAL) DATED 24.06.2016 OF THE 5TH**|
||**APPLICANT**|
**O.P.(KAT).Nos.261, 262, 265, 267 & 270 :: 35 :: of 2022**
- **Annexure A17 TRUE COPY OF THE DECISION REPORTED IN 2012 (3) KLT 92 DECIDED ON 24-08-2011**
- **Annexure A18 TRUE COPY OF THE ORDER IN O.A. NO. 904/2014 DATED 04.10.2017 OF THE HON'BLE TRIBUNAL**
- **Annexure A19 TRUE COPY OF THE G.O. (P) NO. 536/2012/ (116) FIN. DATED 29.09.2012 OF THE GOVERNMENT ALONG WITH RELEVANT PAGE OF ANNEXURE**
- **Annexure A20 TRUE COPY OF THE ANNEX- II(RULES FOR FIXATION OF PAY IN THE REVISED SCALE)**
**Exhibit P1**
- **TRUE COPY OF THE ORDER DATED 23.01.2022 IN OA (EKM) NO. 66 OF 2018 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH**
- **Exhibit P2 TRUE COPY OF TRUE COPY OF ORIGINAL APPLICATION OA (EKM) NO. 66 OF 2018 ALONG WITH ANNEXURES**
- **Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 1ST AND 2ND RESPONDENT DATED 30.09.2021**
- **Exhibit P4 TRUE COPY OF REJOINDER DATED 24.11.2021 BY THE APPLICANTS TO THE REPLY STATEMENT FILED BY THE 1ST AND 2ND RESPONDENTS.**
## **//TRUE COPY//**
**P.S. TO JUDGE**