R. LEELAMANI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner has been facing proceedings consistently on account of her pay fixation granted, which is clearly under the 3rd proviso to Rule 28A of Part -I of the Kerala Service Rules [for brevity, the KSR]. The brief facts to be noticed are that the petitioner joined as L.D. Clerk in the Criminal Judicial Department at the Wayanad District on 08.05.1986. She was promoted as U.D. Clerk on 17.05.1988. While she was continuing as U.D. Clerk, she sought for transfer to Ernakulam. The same was granted, but however with loss of seniority and reversion as L.D. Clerk as per a specific Government Order. She joined as L.D. Clerk in the Ernakulam District on 29.07.1991. On 06.08.1992, she was re -promoted as U.D. Clerk. Hence, the petitioner was fixed at the pay she was drawing as an U.D. Clerk in Wayanad District.

(2.) For more clarity, the details of basic pay as extracted in the writ petition is to be noticed. On 01.05.1990, the petitioner was granted an increment in the cadre of U.D.C. at Wayanad and she was drawing a basic pay of Rs. 1,050/ -. On 01.05.1991, she received another increment and her basic pay increased to Rs. 1,075/ -. On her transfer to Ernakulam, she was posted in the lower cadre of L.D.C. and her salary was fixed as on 26.07.1991 at Rs. 975/ -. In the cadre of L.D.C., she received her next increment on 01.05.1992, raising her pay to Rs. 1,000/ -. On 06.08.1992, the petitioner was promoted as U.D.C. On her promotion, going by the 3rd proviso to Rule 28A of Part I KSR, she was entitled to be granted the basic pay, she was drawing in the higher post earlier. Hence, her basic pay was fixed at Rs. 1,075/ -.

(3.) In fact, she also had a claim for pay protection when being transferred to Ernakulam. The claim was that on transfer and consequent reversion to the post of L.D.C., the pay she drew in the post of U.D.C. ought to have been protected. A similar claim is seen allowed in Ext.P11 judgment, in the case of another employee. It is to be immediately noticed that the petitioner did not agitate the cause at the time of her transfer and fixation granted in the post of LDC at Ernakulam was accepted without demur.