S. MANIKANTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a Regional Engineer working under the 4th respondent the Kerala State Housing Board (hereinafter referred to as 'the Board' for short) . He is aggrieved by Ext.P2 order by which the Government rejected the proposal for revision of pay in tune with the pay revision orders, without considering the recommendation contained in Ext.P1. The petitioner's case is that the 4th respondent Board had, as per Ext.P1 representation dated 4.7.2013, addressed the Government pointing out the anomalies in denying the revised scale of pay against 19 posts in technical section stating that 19 posts in the technical section were given lower scale of pay than that of corresponding posts in Government Departments like PWD, Irrigation, Local Self Government Department, etc. It was pointed out that these posts in the Board were also carrying the same scale of pay and all benefits attached to it on par with their counterparts in the Government Departments. However, the Government did not concede to the request. The ratio of promotion/grade promotion which was available in the Board is also disallowed. Several of the recommendations submitted by the Board were not given sanction.

(2.) The petitioner filed this writ petition challenging Ext.P2 order pointing out the disparity to which the technical employees under the 4th respondent are subjected to with respect to the pay revision order issued in G.O(P) .No.85/2011.

(3.) The Government as well as the Board filed counter affidavits. According to the Government, it was stated that the duties and responsibilities attached to various posts in the Housing Board and PWD are different and the revision of the scale of pay be allowed considering various factors like nature of duties, responsibilities, etc. It is also stated that the Government had considered the financial position of the Board before sanctioning higher scales and eligible revised scales corresponding to existing scales were sanctioned in terms of G.O.(P) .85/2011/Fin. dt.26.2.2011. According to the Government the parameters for equating the posts in KSHB with PWD do not exist. It was also stated that the Board cannot upgrade any post or create any post without the sanction and former approval of Government. It is also stated that certain posts in the Board are not covered by the Establishment Regulation 2006 and therefore the Government accorded sanction for revision of pay subject to certain conditions in the light of the financial performance of the Board.