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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Siby Thomas – Appellant
Versus
State Of Kerala, Represented By The Addl. Chief Secretary To Government, Home Department, Government Secretariat, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. prayer for salary equivalent to joint registrar (Para 1) |
| 2. background of the salary hike dispute (Para 2 , 3 , 4) |
| 3. government's stance on salary hike (Para 5) |
| 4. independence of judicial pay and structure (Para 6 , 7) |
| 5. arguments against the government's counter (Para 8 , 9 , 10) |
| 6. order granting salary scale relief (Para 11) |
JUDGMENT :
T.R. RAVI, J.
The prayer in this writ petition is to quash Ext.P15 and to declare that the Private Secretary to the Chief Justice under the Kerala High Court Service is entitled to the scale of pay equivalent to that of Joint Registrar in accordance with Ext.P3 Rules framed by the Honourable the Chief Justice under Article 229 of the Constitution of India in view of Exts.P8 to P13. Consequential reliefs are also prayed for.
2. The counsel for the petitioner relies on Ext.P8 judgment in W.P.(C) No.25933 of 2017, which had been filed by the then Private Secretary to the Chief Justice. In that judgment, this Court directed the Government of Kerala to reconsider the recommendation made by the Honourable the Chief Justice of Kerala, in the light of the remarks contained in Ext.P6 recommendation dated 06.11.2015 of the Honourable the Chief
The court affirmed the principle that a fixed pay scale for a judicial office must apply uniformly to all successors, reinforcing the independence of the judiciary under Article 229.
The Rule and the recommendation in question, made by the Hon’ble the Chief Justice of Kerala, were implicitly supported by the reasons as extracted afore, it is distressing that Government does not e....
The court affirmed that the State must respect and approve the Chief Justice's proposals for judiciary staff's financial grade upgrades unless strong reasons exist for refusal.
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....
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 importance of providing reasons in a judgment and the requirement for proper reasoning in judicial decisions.
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.
An appointed official's pay scale cannot be modified without adherence to principles of natural justice and without the official's consent.
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