No formal Government approval is needed for regularization of service for granting salary benefits under pay commission recommendations.

J U D G M E N T Dated this the 20^th day of February, 2026 The petitioner was engaged by the Kerala Forest Research Institution since the year 1991. The petitioner was regularised in service only with effect from 24.02.2012 as Driver (Grade-I). The petitioner states that the 10^th Pay Commission recommendation came into force from the year

2017.

2. However, the respondents declined to grant the petitioner the benefit of the 10^th Pay Revision Commission Pay Scale stating that there is no seal of approval of the Government for regularisation of the petitioner as Driver (Grade-II) in the year 2012. Aggrieved by the stand taken by the respondents, similarly situated persons filed W.P.(C) No.41113 of 2017. The writ petition was disposed of as per Ext.P5 judgment dated 13.05.2022. In Ext.P5, this Court found that the Council which took the decision for regularisation of the service has, as its members Chief Minister, Minister and Secretaries of various Departments. Pursuant to Ext.P5 judgment, the Council decided to extend the benefits of the 10^th Pay Revision to the petitioner as per Ext.P6 order dated 20.06.2022 observing that the petitioner is holding a substantive post.

3. The petitioner states that the 11^th Pay Revision Commission recommendations came into effect in the year 2022. Though other employees of the Institute were granted the benefits of the Pay Revision since April, 2024, the petitioner was not given the benefit of the Pay Revision, again reiterating that there is no seal of approval for the appointment / regularisation of the petitioner as Driver (Grade-II). The petitioner, therefore, filed W.P.(C) No.16670 of 2024, which was disposed of by this Court as per Ext.P8 judgment dated 19.08.2024. Subsequently, the petitioner was granted the benefit of the 11^th Pay Revision benefits from the month of April, 2025 onwards. The petitioner contends that when all other employees under the Institute received the benefit of the 11^th Pay Revision from April, 2024, the petitioner received the same only from April, 2025.

4. The petitioner submits that the petitioner was granted Grade promotion as Driver (Grade-II) on completion of five years of service after regularisation with effect from 24.02.2017. The petitioner is entitled to get Grade promotion as Driver (Grade-III) on completion of six years service in the post of Driver (Grade-II). The said promotion therefore became due to the petitioner on 24.02.2023.

5. To the surprise of the petitioner, the promotion as Driver (Grade-III) was declined to the petitioner. Ext.P12 would show that the non-promotion is also due to the same excuse advanced earlier by the respondents that there is no seal of approval of the Government for appointment / regularisation of the service of the petitioner. This is highly illegal and arbitrary, contends the petitioner. The petitioner therefore seeks to direct the respondents to pay to the petitioner the arrears of the 11^th Pay Revision benefits for the period from April, 2024 to March, 2025 and also to place him in the Cadre of Driver (Grade-III) with effect from 24.02.2023.

6. Respondents 4 and 5 entered appearance and resisted the writ petition. Respondents 4 and 5 submitted that there is no force in the arguments of the petitioner that he has not been paid arrears of Pay Revision benefits. Because though Pay Revision was implemented, there was no Government Order directing the pay arrears. It was made clear in the Pay Revision Order itself that the question of payment of arrears will be based on the decision taken by the Government in that regard. Therefore, unless a concrete Government decision / direction comes, arrears cannot be paid not only to the petitioner, but to any employees.

7. Standing Counsel representing respondents

4 and 5 submitted that the 4^th respondent is a grand-in-aid Institution and is depending entirely on the Grants sanctioned and disbursed by the Government. Therefore, the question of Pay Revision can be considered only after ne