STATE OF KERALA Vs. C V JACOB

JUDGEMENT

(1.) The State is in appeal aggrieved by the common judgment of the learned Single Judge allowing WP(C) Nos.29106 of 2007 and 5320 of 2011. The question that came up for consideration was whether the Administrative Officer in the services of Greater Cochin Development Authority ('GCDA' for short) is entitled to parity of pay in the scale payable to Deputy Secretary in the Secretariat service. The learned Single Judge by virtue of the impugned judgment allowed the Writ Petitions and all the petitioners were directed to be given the revised scale of pay granted to Deputy Secretary. The State is aggrieved by this judgment and hence these appeals.

(2.) The Writ Petitions were filed by the Administrative Officers of GCDA, some of whom have already retired from service. It is stated in those writ petitions that the pay scales and service conditions of the ministerial employees of the GCDA were being treated at par with the staff/officers of the administrative secretariat under the Government. Hence, whenever pay revision is effected with respect to Government employees applicable to the Secretariat, the same is implemented to the GCDA employees also with the approval of the Government.

(3.) Rule 24(2) of the Kerala Development Authorities Rules, 1984 ('Rules' for short) states that the qualification and method of recruitment to different posts under it shall be fixed by the 'Authority', which means the GCDA, as per the Rules. However, the decision of the 'authority' to implement the method of recruitment and to fix qualifications was subject to prior approval of the Government. In cases, where there are no qualifications prescribed for posts under the Rules, qualifications fixed for posts of similar standing and status under the Government shall be followed.