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A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
State Of Kerala – Appellant
Versus
M. Satheesan, S/o. Madhavan T – Respondent
JUDGMENT :
A.K. Jayasankaran Nambiar, J.
The State of Kerala, represented by the Additional Chief Secretary, Home Department and the Secretary, Finance Department are the appellants herein aggrieved by the judgment dated 11.02.2021 of the learned Single Judge in W.P.(C).No.4593 of 2020. The brief facts necessary for disposal of this Writ Appeal are as follows:
Consequent to an anomaly being noticed in the pay scales extended to the respondents herein, who are working as Watchmen in the Kerala High Court Service, and the pay scale extended to Watchmen in the Secretariat Service, a recommendation was made, based on the recommendations of the 9th Pay Revision Commission, for extending the scale of Rs.9940 – 16580 to the Watchman in the Kerala High Court Service, corresponding to the similar scale that was recommended for Watchman in the Government Secretariat. The Government, however, sanctioned only the scale of Rs.8500 – 13210 to the Watchman in Kerala High Court Service while extending the higher scale of Rs.9940 – 16580 to the Watchman of the Secretariat. The anomaly was once again pointed out to the State Government through the recommendation of the Chief Justice dated 9.1.2012. The
The Government has an obligation to extend parity in pay scales to employees based on the recommendations of pay revisions, and subsequent restructuring of pay scales should not affect the applicabil....
Acceptance of conditions at the time of revision precludes challenging the revision and recovery. Scope of government orders must be considered in determining applicability to specific positions.
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
The court ruled that a previous judgment granting a pay scale increase was specific to an individual and did not create a general entitlement for similarly situated employees, emphasizing the princip....
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