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2023 Supreme(Ker) 319
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
A. VASUDEVAN NABOODIRI S/O KRISHNAN NAMBOODIRI – Petitioner
Versus
STATE OF KERALA – Respondent
W.P. (C) No. 23553 of 2021
Decided On : 22-02-2023
Advocate Appeared:
For the Petitioner: T.V. JAYAKUMAR NAMBOODIRI.
For the Respondents: R. LAKSHMI NARAYAN, MOHAN C. MENON, K.G. SAROJINI.
Point of Law: Rule 2(1) categories Executive Officers into four grades and also prescribes scales of pay for the four grades.
Headnote:
Madras Hindu Religious and Charitable Endowments Act, 1951 - Section 100(2)(p) and (x)(ii) - Power to make rules - Petitioners, who are Executive Officers working under Malabar Devaswom Board, have approached this Court aggrieved by non implementation of revised pay scale based on existing Dearness Allowance which is equal to the corresponding Government Rate - Whether Malabar Devaswom Board can fix Dearness Allowance independently, instead of following the corresponding government rates - Section 100(2)(x)(ii) of Madras Hindu Religious and Charitable Endowments Act, 1951 conferring power to State Government to make rules provides that State Government may make rules to carry out all or any of purposes of the Act.
Findings of the Court:
Petitioners cannot be heard to contend that they are not being paid DA at government rates. The pay revision as ordered in Ext.P1 has been implemented by the Malabar Devaswom Board. The date of effect of pay revision of Executive Officers is made with effect from 01.01.2019 whereas the date of effect of pay revision of government servants is with effect from 01.07.2019. Court finds that there is no substantial grievance for the Executive Officers warranting interference by this Court in the matter.
Result: Writ Petition allowed.
JUDGMENT :
N. NAGARESH, J.
1. The petitioners, who are Executive Officers working under the Malabar Devaswom Board, have approached this Court aggrieved by the non implementation of the revised pay scale based on the existing Dearness Allowance which is equal to the corresponding Government rate.
2. The petitioners are Executive Officers working under the Malabar Devaswom Board. According to the petitioners, the State of Kerala issued Ext.P1 GO dated 16.02.2021 revising the pay scale of the Executive Officers under the Malabar Devaswom Board. Dearness Allowance to the Executive Officers is fixed based on Ext.P2 GO dated 07.02.1978 and are fixed based on Government rate from time to time. The petitioners state that DA was sanctioned and paid to the petitioners at Government rate till 30.06.2020. After the last Pay Revision also, the Government ordered that DA of the employees of the Malabar Devaswom Board would be according to the corresponding Government rate. Ext.P3 order dated 13.12.2021 of the Commissioner of Malabar Devaswom Board would evidence the same.
3. Unfortunately, the parity was taken away by the 3rd respondent as per Ext.P4 order dated 03.11.2012. The petitioners are entitled to DA only at the rate of 59% as of now. The said percentage is equal to the corresponding Government rate. The petitioners apprehend that based on Ext.P4, the existing DA rate will be taken away. The petitioners therefore seek to quash Ext.P1 to the extent power to fix Dearness Allowance is granted to the Malabar Devaswom Board instead of directing to pay DA at rates corresponding to Government rates.
4. The 3rd respondent-Commissioner passed Ext.P5 order on 24.01.2022 purportedly to solve the anomaly in Ext.P1. The petitioners state that the contention in Ext.P5 that 275% of DA is merged in the basic pay scale of the revised pay scale fixed on 01.01.2019 is wrong. Though by Ext.P5 the basic pay is increased, the increase is beneficial only to newly joined employees. Ext.P5 will create an anomalous situation where junior employees will be drawing higher pay than the seniors like the petitioners. The petitioners therefore sought to amend the writ petition so as to challenge Ext.P5 also.
5. The 2nd respondent-Malabar Devaswom Board and its Commissioner filed a statement dated 02.03.2022. Respondents 2 and 3 submitted that the pay revision as ordered in Ext.P1 has been implemented pursuant to the decision taken by the Board on 11.01.2022. Clause 6 of Ext.P5 shows the calculation and percentage of Dearness Allowance to be paid. The rates of Dearness Allowance are calculated based on All India Consumer Price Index (AICPI), which is applicable to the Government servants also.
6. Respondents 2 and 3 submitted that the date of effect of pay revision of Executive Officers under the Malabar Devaswom Board is with effect from 01.01.2019, whereas the date of effect of pay revision of Government servants is from 01.07.2019. The said difference should reflect while comparing the Dearness Allowance of the two categories. According to respondents 2 and 3, in view of the implementation of Ext.P1 Government Order and DA applicable to the government employees, the grievance raised in the writ petition has been redressed.
7. The 1st respondent-State of Kerala filed a counter affidavit. The 1st respondent submitted that comparison with DA rate of government employees and Executive Officers is not fully bound to KSR provision, since service rule applicable to the Executive Officers is as per the provisions framed under Section 100(2)(p) and (x)(ii) of the HR and CE Act, 1951. Revision of pay of Executive Officers is with effect from 01.01.2019, whereas revision of pay of government servants is with effect from 01.07.2019.
8. The 1st respondent further submitted that as per GO dated 16.02.2021, the Government has issued orders revising the pay of the Executive Officers with effect from 01.01.2019, based on the recommendation of the Sub Committee of the Malabar Devaswom Bo
