SMITHA S.MANI Vs. DIRECTOR REGIONAL CANCER CENTRE

JUDGEMENT

(1.) This appeal is filed against the judgment dated 13-11-2015 in Writ Petition No.408/2012. The appellants were working as Staff Nurse in the Regional Cancer Centre (RCC), which is an autonomous body. On getting employment through Kerala Public Service Commission, they resigned from the said post and joined Sree Chithra Tirunal Medical Centre in the year 2008. The pay scale of Staff Nurses, who were working in the Regional Cancer Centre came to be revised with effect from 1.1.2006 as per the recommendation of the Pay Commission. Orders in that regard was issued by the Government on 30.9.2008. According to the appellants, they were also entitled for the revised pay scale. Representation as Ext.P4 was submitted on 4.7.2011, but the same came to be rejected by Ext.P5 stating that as per the RCC Service Rules, resigned persons are not eligible for arrears. The Rule No.13 of Chapter III reads as under:-

(2.) The contention urged by the appellants is that forfeiture of past service does not include the arrears of wages. Insofar as the Pay Commission had recommended revised pay scale to the Staff Nurses with effect from 1.1.2006, any benefit regarding increase in wages has to be extended to the appellants as well. Since the claim was rejected, the above Writ Petition was filed. The learned Single Judge, after considering the matter, observed that there was delay and laches in making the claim and accordingly, the Writ Petition was dismissed.

(3.) While impugning the aforesaid judgment, the learned counsel for the appellants would submit that there is no delay in projecting the claim. Orders were issued by the Government on 30.9.2008 and representation was submitted on 10.5.2010 by Smitha S. Mani, which is evident from Ext.P4 dated 4.7.2011. Thereafter the claim came to be rejected by Ext.P5 dated 14.7.2011 and the Writ Petition was filed in the year 2012. It is therefore submitted that there is no delay in making the claim, insofar as the representations were pending.