KRISHNAN UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is a senior Selection Grade District: Judge belonging to me Kerala State Higher Judicial Service. As per Ext. P1 proceedings issued by the High Court of Kerala the petitioner, who was working as Forest Tribunal at Palakkad was posted as Director of Training in the High court of Kerala and pursuant to Ext. P1 the petitioner joined as Director of training. As per Ext. P2 order issued by the first respondent the petitioner was sanctioned a Special Pay at the rate of 10% of his basic Pay from 22-11-1989 until he quite office. Following Ext. P2, the third respondent, accountant General issued pay slip to the petitioner and the petitioner has been receiving the Special Pay as ordered in Ext. P2. However, according to the petitioner, the third respondent Accountant General omitted to include the special Pay for the salary commencing from 1-7-1992 as is borne out by Ext. P3. The petitioner thereupon addressed Ext. P4 representation to the third respondent Accountant General requesting him to issue a revised pay slip by including the Special Pay. On receipt of Ext. P4, the third respondent in turn addressed Ext. P5 communication to the second respondent Commissioner & secretary to Government, Home (C) Department seeking clarification as to whether the petitioner is eligible for Special Pay in relaxation of the existing "economy orders". 'the petitioner had also in the meantime addressed Ext. P6 communication to the fifth respondent, Registrar, High Court of Kerala requesting him to take the matter with the Accountant General and if necessary with the Government and restore the benefit denied to him. On receipt of Ext. P6 the fifth respondent addressed Ext. P7 letter to the second respondent requesting the latter to issue necessary directions to the third respondent Accountant General to restore payment of Special Pay to the petitioner. As per Ext. P8 letter addressed by the second respondent to the fifth respondent it is stated that the petitioner is not eligible for the special pay during the financial year in view of the Government's critical ways and means position. Ext. P9 is an order passed by the first respondent State regarding enforcement of economy measures. Ext. P10 is an order passed by the first respondent wherein Special Pay of Rs. 500/- is seen granted to the secretary to Kerala Public Men's Corruption (Investigations and Inquiries)Commission.

(2.) THE prayer in the Original Petition is for the issuance of a writ of certiorari to quash Ext. P8 order passed by the second respondent and for the issuance of a writ of mandamus directing respondents 1,2 and 4 to pay Special Pay to the petitioner at the rate mentioned in Ext. P2 order from 1-3-1992 onwards and directing the third respondent to issue pay slips to the petitioner in accordance with Ext. P2 order and for other incidental reliefs.