STATE OF KERALA Vs. UNNINARAYANAN.V.K

JUDGEMENT

(1.) The State of Kerala and the Accountant General (Kerala) have jointly filed this writ appeal challenging the judgment dated 03-10-2017 in W.P (C) No.24964/2016. That writ petition was filed by the 1 st respondent who is presently working as 'Private Secretary (HG) to Judge' in the service of the High Court of Kerala, claiming stepping up of pay on par with that of his junior. The learned Single Judge has, on a consideration of the matter held that the 1st respondent was entitled to stepping up of pay with effect from 01-07-2011. This direction was issued on the finding that the anomaly arose on account of fixation of pay under Rule 28A of Part-I of the Kerala Service Rules (KSR) and on the finding that the provisions of stepping up of pay as provided in Ruling No.I under Rule 28A would apply.

(2.) The 1st respondent was promoted as 'Selection Grade Personal Assistant (PA) to Judge' on 03-11-2000. On 06-01-2009 he was promoted as 'Private Secretary (PS) to Judge' and his pay was fixed on that date, on the basis of the option exercised by him under Rule 28A of Part I KSR . From 06-02-2009 to 07-06-2009 the 1st respondent was promoted on a temporary basis as PS to the Chief Justice of the High Court of Kerala and his pay was again fixed taking also into consideration the special allowances that he would draw as Private Secretary to the Chief Justice. On 08-06-2009 he was again granted temporary promotion as P.A. to Chief Justice and his pay was fixed as on 08-06-2009 at Rs.15,890/- in the scale of pay of Rs.12,250 - 19,800. On 08-10-2009 he was again granted a temporary promotion as Private Secretary to Chief Justice and he continued as such till 17-05-2010. From 17-05-2010 to 31-10-2011 he again worked as P.A to Chief Justice, on temporary promotion. On the forenoon of 31-10-2011 he was posted back as P.S. to Judge. Following the pay revision in 2009 the 1st respondent had opted for fixation of pay under option (a) of Rule 28A as a result of which he received two increments with effect from the date of promotion and his next date of increment fell due only after one year from the date of promotion as P.S. to Judge. This resulted in his next increment becoming due only on or after 06-01-2010.

(3.) One Smt. K. Laila was promoted as P.S. to Judge on 05-02- 2009 and is admittedly junior to the 1 st respondent. On the basis of the option exercised by her under Rule 28A of Part-I KSR, Smt. K. Laila got sanctioned her increments as provided for under option (b) of Rule 28A. As a result of this she was able to draw a higher basic pay of Rs.15,890/- with effect from 01-11-2009 whereas the 1st respondent who was admittedly senior was sanctioned increment only with reference to the date of his promotion, as PS. Though technically it is this anomaly that the 1 st respondent sought to rectify while seeking stepping up of pay, his actual grievance appears to have arisen only on his re-posting as PS to Judge after the various spells of temporary promotions following which he served as PS & PA to the Chief Justice from 6-02-2009 to 31-10-2011. As already noticed above the learned Single Judge has found that the 1st respondent was entitled to stepping up of pay with effect from 01-07-2011 .