P.T. BENNY Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

(2.) Heard the learned counsel for the petitioner, the learned Government Pleader and the learned standing counsel appearing for respondents 2 to 4.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner, while working as Deputy Chief Engineer (Construction) South Western Railway, Bangalore was deputed by the Ministry of Railways as Whole Time Director (Project and Planning) in the 2nd respondent Corporation. It is submitted that the 2nd respondent is incorporated under the Companies Act by the Government of Kerala and that 51% of its shares are held by the Government of Kerala and 49% by the Ministry of Railway, Government of India. It is contended that the petitioner was deputed pursuant to Exhibit P1 order and was appointed as Whole Time Director by Exhibit P2 dtd. 7/9/2017. Thereafter, he joined as Whole Time Director on 8/9/2017 and was repatriated on administrative grounds by Exhibit P4 order dtd. 13/3/2019 and is presently working as Additional Divisional Railway Manager, Southern Railway, Thiruvananthapuram. It is stated that the petitioner had drawn basic pay of Rs.1,57,600.00 and gross salary including Dearness Allowance and Deputation Allowance of Rs.1,80,784.00 as evidenced from Exhibit P6 Last Pay Certificate dtd. 23/5/2019. It is stated that a decision was taken on 10/3/2020 to revise the scales of pay of Directors and employees of the 2nd respondent in the 16th meeting of the Board of Directors by Exhibit P7. The revision was effective from 3/1/2017 and the scale of pay of Whole Time Director was enhanced as Rs.1,80,000.00 ' 3,40,000/- w.e.f. 3/1/2017. Petitioner submitted Exhibit P8 option for adopting the revised scale of pay on 12/11/2020 and the fixation statement was also prepared and forwarded as Exhibit P9. Thereafter, a representation was submitted on 12/3/2021 to the 3rd respondent seeking the release of the arrears due. However, no orders were passed thereon, nor were any amounts released to the petitioner. It is stated that all other officers, who came on deputation from the railways to the Corporation were granted the benefits of revised scale of pay. It is stated that one Ajith Kumar, who was appointed as Managing Director from December, 2017 was granted arrears of salary of more than Rs.14.00 lakhs in the revised scale of pay. One Smt.Sheba Brittas, who was the DGM/HR who came on deputation from the Railways on December, 2018 onwards was also granted arrears of salary in the revised scale of pay. It is stated that one Jibu Jacob, who worked as DGM-Finance from 2019 onwards, was also granted arrears of salary in the revised scale. However, in the petitioner's case alone, the amounts are not disbursed. The learned counsel for the petitioner contends that since the pay revision was effective from 3/1/2017, the petitioner is also entitled to be paid the revised emoluments from 8/9/2017 to 30/3/2019.