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2021 Supreme(Online)(KER) 4300
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &
THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943 WA NO. 1340 OF 2019 AGAINST THE ORDER/JUDGEMENT IN WP(C) 22348/2012 OF HIGH COURT OF KERALA APPELLANT/1ST RESPONDENT IN W.P(C):
0 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.
BY B.VINOD, SR.GOVERNMENT PLEADER RESPONDENTS/PETITIONERS & RESPONDENTS 2 & 3 IN W.P(C):
1 R.SURESH KUMAR, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
2 P.BABU, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
3 D.UDAYAKUMAR, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
4 G.MADHU, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
5 R.THULASEEDHARAN NAIR, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
6 G.SUDARSANA KURUP, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
7 M.SHAJAHAN, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
8 L.THULASEEDHARAN, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
9 N.PRADEEP, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
10 B.CHANDRAN, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
11 M.VIJAYAN, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
12 R.ANILKUMAR, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
13 A.K.AZEEM, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
14 G.S.MADHUSOODANAN ASARY, HELPER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
15 A.LEELA, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
16 K.LALIKUTTY, SEEPER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
17 BABY GIRIJA, GARDENER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM- 695562.
18 THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS MEMBER SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695562.
19 THE JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, REPRESENTED BY ITS REGISTRAR, PALODE, THIRUVANANTHAPURAM- 695562.
BY ADVS.
SRI.V.MADHUSUDHANAN STANDING COUNSEL (B/O)
SRI.C.K.KARUNAKARAN SC FOR (TBGARI)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.05.2021, ALONG WITH WA.1447/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &
THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943 WA NO. 1447 OF 2019 AGAINST THE ORDER/JUDGEMENT IN WP(C) 34025/2016 OF HIGH COURT OF KERALA APPELLANT/1ST RESPONDENT IN W.P(C):
0 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM BY B.VINOD, SR.GOVERNMENT PLEADER RESPONDENTS/PETITIONERS & RESPONDENTS 2 & 3 IN W.P(C):
1 D.UDAYAKUMAR GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALOD, THIRUVANANTHAPURAM - 695 562
2 R.THULASEEDHARAN NAIR GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
3 G. SUDARSANA KURUP GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
4 M.SHAJAHAN, GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
5 L.THULASEEDHARAN GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
6 V.RENJAN GARDENER GR-II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
7 G.S. MADHUSUDHANAN ASARI OFFICE ATTENDER GRADE - II, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
8 K.LALIKUTTY SWEEPER, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE.P.O., PACHA PALODE, THIRUVANANTHAPURAM - 695 562
9 THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS MEMBER SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004
10 THE JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN RESEARCH INSTITUTE REPRESENTED BY ITS REGISTRAR, PALODE, THIRUVANANTHAPURAM - 695 562 BY ADVS.
SRI.V.MADHUSUDHANAN STANDING COUNSEL (B/O)
SRI.C.K.KARUNAKARAN SC FOR (TBGARI)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.05.2021, ALONG WITH WA.1340/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & K.BABU, JJ.
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W.A No.1340 of 2019 [Arising out of the judgment dated 04-12-2017 in W.P(C) No.22348 of 2012]
&
W.A No.1447 of 2019 [Arising out of the judgment dated 04-12-2017 in W.P(C) No.34025 of 2016]
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Dated this the 18th day of May, 2021
['GOVERNMENT PLEADER', 'SRI V MADHUSUDHANAN', 'STANDING COUNSEL B/O', 'SRI C K KARUNAKARAN SC']
JUDGMENT
K.BABU, J.
The common judgment dated 04-12-2017 in W.P(C)
Nos.22348/2012 & 34025/2016, rendered by the learned Single Judge of this Court, is under challenge in these intra court appeals filed under Sec.5(i) of the Kerala High Court Act. Writ Appeal No.1447/2019 arises from the judgment in W.P(C) No.34052/2016. The judgment in W.P(C) No.22348/2012 is impugned in Writ Appeal No.1340/2019.
2. The State of Kerala, represented by the Secretary to Government, Science and Technology Department, the respondent No.1 in both the writ petitions, is the common appellant. The writ petitioners and the other official respondents in the writ petitions are the respondents in these appeals.
3. Since the subject matter is one and the same, these appeals are disposed of by way of a common judgment.
4. The parties will be referred to as per their status in the writ petitions.
5. Since the relevant documents relied on by the parties are almost common in both the writ petitions reference is made to the documents produced in W.P(C) No.22348/2012 except where specific mention is made to the documents referred to in the other writ petition.
6. The petitioners are Gardeners/helpers/sweepers employed in the Jawaharlal Nehru Tropical Botanic Garden and Research Institute, 3rd respondent, [‘JNTBGRI’ for short]. All of them commenced their service under the 3rd respondent on different dates between 1995 and 1998 on consolidated wages. In 1998 they were placed in a 'scale of pay' on temporary basis. By office order dated 17-03-2021 (Ext.P31) the services of the petitioners were regularised with effect from 26-08-2000. As per order dated 03-08-2004 (Ext.P32) the date of effect of the regularisation of the petitioners was altered to 03-08-2004. As per order dated
23-01-2006 (Ext.P34) the pay of the petitioners and others was fixed in the scale of Rs.2750-4625. Whereas, some other Gardeners were placed in the scale of pay of Rs.3050-5230. On realising the anomalies in the pay scales, as per Ext.P36 dated 02-08-1999, the petitioners were also granted the pay in the scale of Rs.3050-5230. The petitioners were later granted assessment promotion on completion of five years as per Ext.P37 order dated 08-08-2012 and they were placed in the scale of pay of Rs.6680-10790.
7. The orders, fixing the pay of the petitioners in the revised scale and granting assessment promotion, as per Exts.P35 and P37 were set aside as per Exts.P38 to P54 orders issued on 24-08-2012.
The petitioners challenge the orders at Exts.P38 to P54.
8. The respondents pleaded that grave irregularities were reported in the fixation of pay of employees under the 2nd respondent. According to the respondents, the Government constituted a finance inspection wing as per order dated 03-05-2007 to enquire into the irregularities and the enquiry revealed serious irregularities in fixing the pay of State scale employees right from 1983. The enquiry further revealed that, undue monetary benefits were given to the employees under the 2nd respondent by way of giving assessment promotions contrary to the service rules applicable in the State. The State inspection team recommended recovery of the excess amount drawn by 155 employees including the petitioners. The Government examined the matter and after taking a lenient view decided not to recover the excess pay and allowances drawn by the employees for the period upto 31-12-2007. But rectification was ordered. It was further decided that excess benefit paid after 01-01-2008 would have to be calculated on the basis of the corrected pay and to recover the excess pay drawn by the petitioners. The pay and allowances of the petitioners and other employees were refixed in accordance with the recommendation of the committee. The respondents further pleaded that the petitioners were initially engaged on daily wages for maintenance of garden and were given contract appointment on consolidated pay and thereafter they were placed in 'scale of pay' and further the Governmen
