LAWS(KER)-1998-2-8

SAMUEL Vs. STATE OF KERALA

Decided On February 09, 1998
SAMUEL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The first petitioner is a retired Joint Secretary of the Kerala Public Service Commission and the second petitioner is the Deputy Secretary now working as District Officer of the Kerala Public Service Commission Kannur District Office. The main prayer in this writ petition are: (1) to quash Ext. P5 order of the Government not to grant 'special pay' to the Joint Secretaries and Deputy Secretaries in the office of the Kerala Public Service Commission and (2) to give a direction to the respondents to disburse the 'special pay' at the rate of Rs. 200/- per mensem to the 1st petitioner during the period from 1.7.1988 to 30.9.1990 and to the second petitioner for the period from 1.12.1989 onwards.

(2.) In Para.8.66.4 and 8.66.5 of the report of the 5th Kerala Pay Commission, a 'special pay' of Rs. 200 per month is recommended to the Joint Secretaries and Deputy Secretaries of the Administrative Secretariat. The said paragraphs are extracted below:

(3.) Though the Pay Commission recommended to grant the special pay to Joint Secretaries and Deputy Secretaries only while they are working in the Secretariat (including office of the Pay Commission) and not while they are on deputation, the Government issued G.O. (MS) No. 155/90/13 / Fm. dated 6.3.1990 extending the benefits of special pay during the periods of deputation as well. Ext. P1 is the copy of the said Government Order. With passing of Ext. P1 with effect from 1.7.1988 (date of effect of pay revision) all the Joint Secretaries and Deputy Secretaries in the Government Secretariat and Governor's Secretariat were paid special pay of Rs. 200/- per mensem. However, the revision of pay scales and other conditions of service to the staff of the Public Service Commission on par with the revision of scales of pay and conditions of service recommended for corresponding posts in the Secretariat, the Pay Commission omitted to make a specific recommendation regarding payment of special pay to the Joint Secretaries and Deputy Secretaries in the Office of the Public Service Commission. Therefore, the petitioners and others submitted Ext P2 representation to the Government. However, the Government did not consider the demand while issuing pay revision order on 1.11.1989. The said representation was rejected by the Government as per Ext. P5. The Government expressed their inability to concede to the request for payment of special pay to Deputy Secretaries / Joint Secretaries of Kerala Public Service Commission as per me said order. The said order is challenged in this writ petition.