N MADHAVAN UNNITHAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution filed by Sri N. Madhavan Unnithan who was a District Munsiff in the service of the Respondent State of Kerala. The complaint is against certain refusal by the Respondent of arrears of salary.

(2.) The Travancore-Cochin State as is well known was formed on 1-7-1949. The integration of the service personnel in the two erstwhile States of Travancore and Cochin was soon after taken up and naturally took some time. This gave rise to the anomaly of differences in pay between the officers of the Travancore and Cochin branches who were discharging the same duties. The question, as pointed out by certain officers in the Administrative Secretariat, was either to give effect to the integrated pay scales with effect from 1-7-1949 or to allow them to draw the pay which their immediate juniors were drawing. The Government chose the latter alternative and passed orders on 13-1-1955 as regards the staff of the Administrative Secretariat re-fixing the pay of the senior officer drawing a lesser pay than his juniors in the same scale of pay with the benefit of the next increment on the same date as that of the junior. The order was to take effect from the date on which the integration of that Department took place, viz , 19-11-1953 and also provided - and it is here that the question arising in this case started, that the officers concerned will be eligible for arrears of pay and allowances, if any, securing with effect from 19-11-1953 as a result of re-fixation of pay on the above basis. Vide Ext. A order. The principle of the above order was subsequently extended to the staff of the Finance Department by order dated 29-11-1955. Vide Ext. B order and also to the staff of the Legislative Secretariat by order dated 4-5-1956.

(3.) Representations were then made that the principle so uniformly re-cognised may be extended to Munsiffs in the Judicial Department and Government accordingly passed Ext. C order as follows:-