PRABATHU KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Judicial Officers working in the lower judiciary of the State. They are holders of post-graduate degrees in Law. The Shetty Commission appointed by the Government of India to look into the service conditions of the officers of the lower judiciary of the country, submitted recommendations regarding revision of scales of pay, grant of additional allowances etc., to Judicial Officers in the country. That report was submitted on 11-11-1999. The petitioners entered service after the submission of the Shetty Commission Report. One of the recommendations of Shetty Commission Report extracted in Ext. P2 is that if candidates selected for appointment as judicial officers are having a higher qualification like post-graduation in Law, three advance increments be given to them as it is allowed by the Delhi Administration, since it is an acknowledged fact that post-graduation in Law is a difficult course and it is better to reward appropriately such candidates. The Shetty Commission Report was accepted by the Government of Kerala also. The recommendation regarding grant of three advance increments to judicial officers having higher qualification was also accepted by Ext. P3 order dated 28-3-2007, in which it is stated thus:

(2.) A counter affidavit has been filed on behalf of the 1st respondent, wherein the stand taken is that the advance increments sanctioned as per Ext. P3 Government Order is payable only prospectively and therefore will be payable only to those candidates possessing higher qualification like post-graduation in Law recruited as Munsiff Magistrate after Ext. P3 order has been issued.

(3.) I have considered the rival contentions in detail.