VASUDEVAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are Executive Officers working under the Malabar Devaswom Board, have approached this Court aggrieved by the non implementation of the revised pay scale based on the existing Dearness Allowance which is equal to the corresponding Government rate.

(2.) The petitioners are Executive Officers working under the Malabar Devaswom Board. According to the petitioners, the State of Kerala issued Ext.P1 GO dtd. 16/2/2021 revising the pay scale of the Executive Officers under the Malabar Devaswom Board. Dearness Allowance to the Executive Officers is fixed based on Ext.P2 GO dtd. 7/2/1978 and are fixed based on Government rate from time to time. The petitioners state that DA was sanctioned and paid to the petitioners at Government rate till 30/6/2020. After the last Pay Revision also, the Government ordered that DA of the employees of the Malabar Devaswom Board would be according to the corresponding Government rate. Ext.P3 order dtd. 13/12/2021 of the Commissioner of Malabar Devaswom Board would evidence the same.

(3.) Unfortunately, the parity was taken away by the 3rd respondent as per Ext.P4 order dtd. 3/11/2012. The petitioners are entitled to DA only at the rate of 59% as of now. The said percentage is equal to the corresponding Government rate. The petitioners apprehend that based on Ext.P4, the existing DA rate will be taken away. The petitioners therefore seek to quash Ext.P1 to the extent power to fix Dearness Allowance is granted to the Malabar Devaswom Board instead of directing to pay DA at rates corresponding to Government rates.