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2021 Supreme(Ker) 121

DEVAN RAMACHANDRAN
N. Mahadevan – Appellant
Versus
State of Kerala, Represented By The Addl. Chief Secretary To Government, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K.Jaju Babu (Sr.), Sri. Brijesh Mohan, Smt. M.U.Vijayalakshmi, Advs.
For the Respondent: Sri. Santhosh Mathew, Sri. B.G. Harindranath, Advs., Sri. Sunil Kumar Kuriakose - GP

JUDGMENT :

The petitioner states that at the time when this writ petition was filed, he was working as the Private Secretary to the Chief Justice of High Court of Kerala. It is conceded that he has since retired from service.

2. The petitioner has approached this Court impugning Ext.P7 Government Order, dated 28.04.2018, as per which, the Rules framed by the Chief Justice under Article 229(2) of the Constitution of India, sanctioning the scale of pay of Rs.85000-117600 to the post of Private Secretary to the Chief Justice, as is evident from Exts.P2, P4 and P5, has been “rejected”.

3. The petitioner contends that Ext.P7 is illegal, unconstitutional and contrary to the well established principles of comity between the two Constitutional Institutions; and therefore, prays that said proceedings, to the extent to which it relates to non-sanctioning of the recommended scale of pay to the Private Secretary to the Chief Justice, be set aside and the Government be directed to grant the pay as recommended by Exts.P2, P4 and P5.

4. I have heard Sri.K.Jaju Babu, learned Senior Counsel instructed by Sri.Brijesh Mohan - learned Counsel appearing on behalf of the petitioner; Sri.B.G.Hareendranath-le

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