STATE OF KERALA Vs. M. SATHEESAN

JUDGEMENT

(1.) The State of Kerala, represented by the Additional Chief Secretary, Home Department and the Secretary, Finance Department are the appellants herein aggrieved by the judgment dtd. 11/2/2021 of the learned Single Judge in W.P.(C).No.4593 of 2020. The brief facts necessary for disposal of this Writ Appeal are as follows: Consequent to an anomaly being noticed in the pay scales extended to the respondents herein, who are working as Watchmen in the Kerala High Court Service, and the pay scale extended to Watchmen in the Secretariat Service, a recommendation was made, based on the recommendations of the 9th Pay Revision Commission, for extending the scale of Rs.9940.00 16580 to the Watchman in the Kerala High Court Service, corresponding to the similar scale that was recommended for Watchman in the Government Secretariat. The Government, however, sanctioned only the scale of Rs.8500.00 13210 to the Watchman in Kerala High Court Service while extending the higher scale of Rs.9940.00 16580 to the Watchman of the Secretariat. The anomaly was once again pointed out to the State Government through the recommendation of the Chief Justice dtd. 9/1/2012. The Government, however, rejected the said request for parity in pay scale by Government Order GO(MS) No.196/2012/Home dtd. 16/7/2012. This prompted the Chief Justice to seek a review of the Government decision through a letter No.A1-1830/2010/J5/FW dtd. 11/1/2013. While so, some High Court Librarians, who were similarly aggrieved by a pay revision anomaly consequent to the 9th Pay Revision approached the Division Bench of this Court through writ petitions, which culminated in a decision of the Division Bench directing the State Government to reconsider the pay revision benefits extended to the said Librarians. It was the resultant decision of the Division Bench in K.G.Rajamohan v. State of Kerala - [2013 (3) KLT 803] that was followed by this Court in the judgment dtd. 24/7/2014 in W.P. (C).No.25293 of 2013 pertaining to the respondents herein, who are Watchmen in the Kerala High Court Service. When the directions in K.G.Rajamohan (supra) were not acted upon by the Government, a Contempt of Court Case [Con.Case (C).No.945 of 2014] was preferred by the said Librarians, which was closed by judgment dtd. 7/1/2015, recording the submission on behalf of the State Government that the State Government would consider the anomaly, occasioned in extending pay revision benefits to the Librarians, along with the pay revision benefits contemplated under the 10th Pay Revision.

(2.) It would appear that when the 10th Pay Revision Commission recommended pay scales, the specific case of Librarians, Watchman and certain other categories did not engage the attention of the Pay Revision Commission and consequently, the anomalous situation in the pay scales noticed above were not addressed through the Pay Revision Commission recommendations. This prompted the Chief Justice of this Court to write to the Government through letter No.DO.No.FW/J3- 49631/2014 dtd. 6/11/2015, to consider the case of those categories of employees, including that of the Watchman in the High Court Service, for the extension of the revised scale of Rs.9940.00 16580 [under the 9th Pay Revision] and the corresponding revised pay scale [under the 10th Pay Revision]. When, despite the recommendation of the Chief Justice, the State Government did not rectify the anomaly in pay scales in respect of the Librarians as also the Watchman, the Librarians approached this Court through a re-opening of the contempt case that was earlier closed through judgment dtd. 7/1/2015. Through judgment dtd. 2/11/2016 in Cont. Case (C).No.1766 of 2016, the Division Bench of this Court sought the views of the State Government and thereafter, the State Government passed a Government Order GO(MS) No.315/2016/Home dtd. 14/12/2016 granting parity in pay scales to the Librarians under the 10th Pay Revision but with effect from 1/7/2014, the date of coming into force of the 10th Pay Revision. In other words, the benefits due to them under the 9th Pay Revision were not extended to them. The Librarians therefore moved this Court in the contempt petition, yet again, and by order dtd. 6/10/2017 in COC.No.1766 of 2016, this Court directed the contemnors to purge the contempt by extending the benefits of the 9 th Pay Revision to the Librarians. It was thereafter that the Government Order GO(MS).No.215/2017/Home dtd. 26/10/2017 was passed rectifying the anomaly in pay revision for the Librarians under the 9th as well as 10th Pay Revisions by extending the benefits due to them from 1/7/2009 onwards.

(3.) In the instant case, although the judgment dtd. 24/7/2014 in W.P.(C).No.25293 of 2013 of this Court followed the directions of the Division Bench in K.G.Rajamohan (supra) pertaining to Librarians, the Watchman of the High Court service was extended a revised pay scale of Rs.17500.00 39500 with effect from 1/7/2014. The said pay scale was the restructured pay scale corresponding to Rs.19000.00 39500 that was recommended by the Chief Justice based on the 10th Pay Commission recommendation. The benefits corresponding to the 9th Pay Revision for the period from 1/7/2009 to 30/6/2014 in the scale of Rs.9940.00 16580, which was the scale applicable to Watchman in the Secretariat service under the 9th Pay Revision was not extended to the Watchman in the High Court Service. Taking note of the said fact, this Court by an order dtd. 29/10/2018, in Cont. Case (C).No.444 of 2018 observed that the appellants herein could purge themselves of the contempt only if they extended the pay scale of Rs.9940.00 16580, under the 9th Pay Revision, to the respondents herein for the period from 1/7/2009 to 30/6/2014. It was clarified that in making the said payments, the appellants herein would only be complying with their obligations pursuant to the issue that had already been adjudicated by this Court in K.G.Rajamohan (supra), with regard to Librarians, which was followed by this Court in the case of Watchmen in the judgment dtd. 24/7/2014 in W.P.(C).No.25293 of 2013. Taking note of the submission of the learned Special Government Pleader that the Government would consider the observations of this Court in the Contempt of Court Case and comply with the directions with regard to the extension of the benefit of the 9th Pay Revision to the respondents herein for the period from 1/7/2009 to 30/6/2014 in the revised pay scale of Rs.9940.00 16580, the Contempt of Court Case was posted for further orders on 12/12/2018. The Contempt of Court Case was eventually closed finding that the Government had extended the benefit of the revised scale applicable to Conference Hall Watchman at the Secretariat to the Watchman of the High Court. As it was noticed by this Court that in doing so, the Government had restructured the pay scale applicable to Conference Hall Watchman in the Secretariat and extended only the benefit of the restructured lower scale to the Watchman of the High Court, while closing the Contempt of Court Case, liberty was reserved to the respondents to agitate the legality/propriety of the new scales extended to them in appropriate proceedings.