NEELAKANTA KARTHA Vs. REGISTRAR KERALA AGRL UNIVERSITY

JUDGEMENT

(1.) The question involved in this writ appeal has caused some difficulty and some concern for us to resolve. The question hinges upon the interpretation to be given to S.2(c)(v) of the Additional Emoluments (Compulsory Deposit) Ordinance, 1974 (No 8 of 1974) issued by the President and published in the Kerala Gazette dated 6th August 1974. The said Section reads :

(2.) The short question is whether the increase in wages sanctioned to the petitioner, an employee of the University can be stated to be "in pursuance of the recommendations of the Third Central Pay Commission". The petitioner has produced Ext. P1 as an abstract from the order of the Government of Kerala dated 5th April 1974. The preambulary part of the said order reads:

(3.) The appellant's argument, in short, is that Ext. P1 was clearly and directly in pursuance of the recommendation of the pay revision commission; and so was Ext. P2 the direct result of Ext. P1. Therefore it was argued that the Ordinance Ext. P4, the section from which we have extracted, was also in pursuance of the recommendation of the Pay Commission. There is certainly force in the petitioner's contention; but as against this, we have to take note of what the learned Judge has stated, which we may extract: