Petitioners are Judicial Officers serving in the District Center at Pathanamthitta. In this writ petition, their grievance is regarding non payment of Transfer Grant/Disturbance Allowance, which is also described as Composite Transfer Grant, for the period from 1/1199 till 1/6/05.

2. Briefly stated, the facts of the case are that Chapter 19 of the Shetty Commission Report dealt with the recommendation of Allowances, Amenities and Advances. Para 17 contained recommendations regarding Transfer Grant/Disturbance Allowance and the paragraph reads as under;

177. Transfer Grant/Disturbance Allowance: Each State has prescribed the rules regarding payment of "Transfer grant' for transferred officers. But such rates are in variance with the provisions made by Central Government. Recently (w.e.f. 8.10.99), Central Government has introduced 'composite Transfer Grant' equivalent to one month's basic pay. Such a 'composite Transfer Grant' is appropriate and simple. Commission suggests that all States should adopt GOI pattern. Till then the existing rules in each State/UTs would also govern the Judicial Officers."

3. In its judgment in All India Judges' Association case {2002(4) SCC 247}, the Apex Court accepted the Shetty Commission report and directed its implementation. Accordingly, Ext.P1 order dated GO(MS) No.186/2005/Home dated 29th of June 2005 was issued by the 1st respondent, para 3 of which reads as under:

Government have considered the issue in detail and are pleased to extend to the serving Judicial Officers the following benefits, in addition to the benefits already sanctioned to them vide Government Order read as first paper above.

1) Dearness Allowance (DA) at Central rages by merging 50% of the DA with basic pay.

2) City Compensatory Allowance (CCA) as applicable to Central Government employees.

3) Transfer Grant as stipulated in Government of India Rules regarding transfer.

The benefits pertaining to the above will be given effect from 1.06.2005.

Thus, in so far as this writ petition is concerned, it can be seen that Transfer Grant as stipulated in the Government of India Rules regarding transfer was ordered to be given with effect from 1/6/2005.

4. Subsequently, pursuant to the order dated 21/3/2002 of the Apex Court directing that the allowances which the Shetty Commission had recommended are to be given effect from 1/11/99, Government of Kerala issued GO(MS) 70/2007/Home dated 03/04/2007, a copy of which is Ext.P2, directing that allowances sanctioned by the Government on the recommendation of the Shetty Commission report will have retrospective effect from 1/11/99. It is to be stated that this order also makes reference to Ext.P1. Again, by Ext.P6, Accountant General was informed by the Government of Kerala that Composite Transfer Grant may be granted along with Transfer TA subject to the conditions prescribed in Government of India Rules. In the meanwhile, High Court of Kerala also issued Exts.P3, P4 and P5 office memorandums clarifying that composite Transfer Grant being a travelling allowance entitlement, it is governed by the TA Rules and that judicial officers have to draw the grant from the Head of Account for TA.

5. Based on the aforesaid orders, petitioners submitted Exts.P7, P10, P11, P11(A) and P11(B) bills claiming Transfer Grant for the period from 1/11/99. While the matter was pending, Accountant General issued Ext.P12 stating interalia that Transfer Grant is admissible in addition to transfer TA and that for transfers which have taken place prior to 1/6/2005, the question of allowing Transfer Grant will be decided on receiving clarification from Government. Subsequently, Ext.P13 order was issued by the 1st respondent specifying the allowances which are to be authorised w.e.f. 1/11/99. This order however did not include Transfer Grant. This was followed by Exts.P14 where the 1st respondent intimated the 3rd respondent that Transfer Grant is not an allowance and therefore cannot be given retrospec