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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 28^TH DAY OF SEPTEMBER 2026 / 6TH ASWINA, 1948 WA NO. 181 OF 2019 AGAINST THE JUDGMENT DATED 13.11.2018 IN WP(C) NO.10151 OF

2017 OF HIGH COURT OF KERALA APPELLANT:

A.V. RAMAKRISHNA PILLAI, AGED 63 YEARS S/O. VELAYUDHAN PILLAI (LATE), AMBAZHAVELIL, RAJEEV NAGAR, ELAMAKKARA, KOCHI-682026 SMT.NISHA GEORGE SRI.A.L.NAVANEETH KRISHNAN SRI.GEORGE POONTHOTTAM (SR.)

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

2 SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

3 HIGH COURT OF KERALA, REPRESENTED BY THE REGISTRAR (SUBORDINATE JUDICIARY), ERNAKULAM, KOCHI-682031

4 THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, M.G. ROAD, P. B. NO.5607, THIRUVANANTHAPURAM-695001 SHRI.K.C.VINCENT, ADDL.ADVOCATE GENERAL ADV M.R ANISON SRI.P.M.RAFEEK – SR.GP.

THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 28.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

'CR'

JUDGMENT

Devan Ramachandran , J.

The Government of India, in the year 1996, constituted the First National Judicial Pay Commission chaired by Justice (retired), K.J.Shetty, a former judge of the Hon’ble Supreme Court of India – which Commission is often referred to as the “Shetty Commission.” In fact, the Commission was constituted pursuant to the directions of the Hon’ble Supreme Court in All India Judges’ Association v. Union of India and Others [(1992) 1 SCC 119], with the intent of setting up an All India Judicial Service and to formulate uniform conditions of service across India.

2. The “Shetty Commission” submitted its report on

11.11.1999, recommending that the pay scales suggested by it be deemed to have come into force with effect from 01.01.1996; but that the monetary benefits be payable only with effect from

01.07.1996.

3. One among the recommendations of the “Shetty Commission” was that Civil Judges (Junior Division) having higher qualifications or a Post Graduate Degree in Law, be granted three advance increments - on par with what had been earlier granted by the Delhi Administration.

4. Through the judgment dated 21.03.2002 in W.P(C)No.1022/1989, the Hon’ble Supreme Court approved the recommendations of the “Shetty Commission”, with certain modifications; but not with respect to the advance increments for a Post Graduate Degree in Law, as seen above.

5. The Government of Kerala accepted the aforesaid recommendations of the “Shetty Commission”, through Ext.P3 order dated 28.03.2007; but through a subsequent letter dated 17.11.2007, informed the Accountant General that such benefit be confined only to those Officers who had been appointed after

28.03.2007 – being the date of Ext.P3 order.

6. The action of the Government in confining the benefit as afore, was challenged by certain Judicial Officers through W.P(C)No.34846/2008, which was allowed by a learned Judge of this Court, by judgment dated 09.09.2010; consequently quashing the above mentioned communication of the Government to the Accountant General.

7. The Government appealed against the judgment of the learned Single Bench, through WA No.591/2011, but which was dismissed through Ext.P5 dated 14.02.2012.

8. Subsequently, the Government issued Ext.P6 order, granting the benefit of three advance increments to all Munsiffs/Magistrates who had acquired a Post Graduate Degree in Law at the time of recruitment, and had been in service from

01.07.1996.

9. Since the “Shetty Commission Report” specified the benefit of three advance increments to Civil Judges (Junior Division), a question arose whether District Judges who possessed Post Graduate Degree in Law at the time of direct recruitment would also be entitled to the said benefit.

10. The Registrar of the High Court of Kerala, thereupon, addressed the Principal Secretary to