STATE OF KERALA Vs. B RENJITH KUMAR

JUDGEMENT

(1.) This appeal by the State of Kerala, arises out of the judgment and order dated 5th December, 2003, passed by the High Court of Kerala at Ernakulam in O.P. No, 8947/03(M). By the impugned order, while allowing the writ petition of the respondents herein, directions have been issued that order at Exhibit P8 shall be modified so as to treat the writ petitioners at par with the District Judges in the matter of time scale as well as the selection grade and the needful should be done within three months from the date of the certified copy of the judgment.

(2.) Facts, in brief leading to the filing of the present appeal are as follows :- The respondents herein were the members of the Bar. In the year 1993, respondent Nos. 1 and 2 were selected and appointed as Presiding Officers of the Industrial Tribunals whereas respondent No. 3 was selected and appointed as Presiding Of ficer in the year 1996 in the State of Kerala. They continued to work as such. The claim of the respondents in the writ petition was that prior to the year 1998, the State Government had granted to them pay scales at par with the District Judges. However, when Judicial Officers were granted benefit of revision of pay scales in De cember, 2001 with retrospective effect from March, 1996, similar benefit was de nied to them. The respondents submitted a representation to the State Government seeking extension of the benefit of interim relief in terms of order vide G.O. dated 30-5-1998 granting interim relief at the rate of 35% of pay as on 1-7-1996 to the members of the Subordinate Judiciary in the State. The said representation was decided and rejected vide order dated 15-5-1999. On 25-11-1999, the respondents filed O.P. No. 20490 of 1999 in the High Court seeking direction to the State Government to grant interim relief at par with the District Judges. The said writ petition was allowed, with a direction to the State Government to issue necessary orders in this regard by extending the benefit of interim relief at the rate of 35% (basic pay + D.A.) with effect from 1-1-1996 as directed in Exhibit P4 to the Judicial Officers. It was the case of the respondents before the High Court that the State Government on 18-4-2000 in pursuance of the directions of the High Court sanctioned interim relief to the Presiding Officers of the Industrial Tribunals as well. On 12-1-2001, Govern ment of Kerala vide G.O.(MS) No. 231/2001/Home dated 12-12-2001 decided to grant the scales of pay to the members of Subordinate Judiciary as recommended by the National Judicial Commission (Shetty Commission). The respondents were de nied the said benefits of the scales of pay and, accordingly, they submitted represen tation on 7-1-2002 to the Secretary to the Government. (Labour and Rehabilitation Department) requesting for the grant of same scales of pay as that of the District Judges in the State. A copy of the order dated 4-2-2003 by which revision of pay was allowed to the District Judges was placed on the record of the High Court as Exhibit P 8. By the impugned order, the Presiding Officers (Industrial Tribunals) were granted the pay scale of Rs. 16,300-400-18,300/- with effect from March 1, 1997. However, the District Judges had been placed in the scale of Rs. 16,750-400-19, 150-420-20,500/-. They also had been granted a selection grade of Rs. 18,750-400-19, 150-450-20,500-500-23,850/-. The respondents complained that the action in treating them differently from the District Judges suffers from the vice of discrimination and arbitrariness. Thus, they sought the intervention of the High Court to quash order-Exhibit P 8 of the State Government and further direction to grant same scale of pay as has been sanctioned in the case of District Judges.

(3.) The writ petition was contested by the State. In the counter affidavit filed on its behalf by the Under Secretary, Department of Finance, it was inter alia stated that in the State of Kerala while the Presiding Officers of the Labour Court are appointed under the provisions of Article 234 of the Constitution of India, the Presiding Offic ers of Industrial Tribunals are not so appointed under Article 234 of the Constitution of India. Thus, the Presiding Officers of the Industrial Tribunals are not entitled to the same scales of pay as recommended by the National Judicial Pay Commission (Shetty Commission) for the members of the Higher Judiciary. On these premises, it was claimed that the action of the State Government was legal and valid.