Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, WP(C) NO. 19751 OF 2014 PETITIONERS: 1 RAMESH A, SENIOR EXECUTIVE ASSISTANT,
VEGETABLE AND FRUITS PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN, KAKKANAD, KOCHI PIN 682 037 2 Y.SARADA, SENIOR EXECUTIVE ASSISTANT, VEGETABLE AND FRUITS PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN, KAKKANAD, KOCHI PIN 682 037 3 BINDU.P.D, SENIOR EXECUTIVE ASSISTANT, VEGETABLE AND FRUITS PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN, KAKKANAD, KOCHI,PIN 682 037 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTRURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2 VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM MYTHRI BHAVAN, KAKKANAD, KOCHI PIN682 037, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER W.P(C).19751/2014 2 BY ADVS. SRI.S.M.PRASANTH, SC, VEGETABLES & FRUITS PROMOTION COUN SRI. MAJNU KOMATH, SC, VEGETABLE AND FRUIT PROMOTION COUNCIL OTHER PRESENT: SRI BIJOY CHANDRAN, SR GP, SRI AZIZ PA, SC VFPCK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).19751/2014 3
P. V. KUNHIKRISHNAN, J.
------------------------------------------- W.P(C).No.19751 of 2014 ------------------------------------------- Dated this the 18th day of March, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i. declare that the petitioners are eligible and entitled to the same basic pay as that of their admitted junior viz. Sri.Baburaj M. in the category of Executive Assistant/Senior Executive Assistant and that their pay is liable to be stepped up to that of Sri. Baburaj M. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to step up the basic pay of the petitioners to Rs.10550 as on 21.06.2006 and Rs.22360 as on 31.03.2014 with all consequential benefits including arrears. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to dispose of Exts.P4 and P5 within a time limit to be fixed by this Hon'ble Court and
W.P(C).19751/2014 4 iv. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil). [SIC]
2. The petitioners were initially appointed as Personal
Assistants in the Kerala Horticulture Development Project (KHDP) in 1997/1998. When that project was wound up and VFPCK was started in January 2001, the petitioners were absorbed into its service and designated as Executive Assistants. In 2004, they were regularized as Executive Assistants. It is submitted that, in Ext.P3 seniority list, the petitioners are serial nos.5, 6 and 7 respectively. One Mr.Baburaj M is serial no.15 therein. It is submitted that, he is a person who come to the service of VFPCK in 2004 on deputation and who got subsequent absorption itself. But he has been drawing higher pay than the petitioners since 21.06.2006 is the grievance of the petitioners. The 2nd respondent is not stepping up the pay of the petitioners to that of their admitted junior, despite repeated representation is the grievance of the petitioners. Hence this Writ Petition. W.P(C).19751/2014 5
3. Heard counsel for the petitioners and the Government Pleader.
4. This Court considered the contention of the petitioners
and also perused the counter filed by the 1 st and 2nd respondents. It will be better to extract the relevant portion of the counter filed by the 2nd respondent.
‘5. It is submitted that prior to this, Shri Baburaj was an employee of KERAFED with effect from 1992, whereas the petitioners joined in KHDP (predecessor organisation of VFPCK) on 4.9.1997, 25.6.1998 and 1.7.1998 respectively. Shri Baburaj was absorbed in the 2nd respondent after having worked in KERAFED for 14 years. Considering his long service and experience he was offered the post of Sr. Executive Assistant. In fact he was deputed to the 2nd respondent as Asst. Manager. His pay scale in KERAFED at the time of absorption in the 2nd respondent was 5500-150-6100-175-9075 (pre- revised) and as per the last pay certificate issued by KERAFED, his basic pay as on 01.05.2006 was Rs.5950. The petitioners' pay scale at the relavant time was only Rs.3800-150-5000-200-5800-250- 6800 (pre-revised) and they were drawing less salary than Shri Baburaj. It was clearly mentioned
W.P(C).19751/2014 6
in the appointment order issued to Shri Baburaj that his pay in VFPCK will be fixed as per the LPC issued by KERAFED. From this it is evident that he was absorbed in VFPCK not to just fix him in the entry level, but considered his 14 years service weightage and the pay being drawn by him from KERAFED had to be protected.
6. Therefore, the allegation of the petitioners that
instead of appointing him in the entry level cadre, he was appointed as Sr. Executive Assistant violating any norms for time bound higher grade is totally baseless. In fact the petitioners were also given the service weightage when they were appointed in the 2nd respondent on 01.04.2001 and they also enjoyed the benefit of the previous service in the predecessor organisation (KHDP). When an employee who is working in a government controlled organisation and absorbed into another government controlled organisation, his pay has to be protected. This is what had done in the case of Shri Baburaj. There was no undue benefit given to him in appointing in the post of Sr. Executive Assistant and fixing his salary on the basis of his LPC.
7: It is true that the appointment of Shri Baburaj in the service of the 2nd respondent was challenged W.P(C).19751/2014 7 before this Hon'ble Court as W.P.(C) No.28346 of
2009. However, this Hon'ble Court was pleased to
pass a judgment justifying the appointment of Shri Baburaj and gave a direction to treat him as a regular employee of the 2nd respondent for all purposes. W. A. No. 714 of 2011 filed against the
Judgment was dismissed by this Hon'ble Court. This
Court, in unequivocal terms, clarified that Shri baburaj is entitled to enjoy all the benefits based on his regular absorption on the service of the 2nd respondent.
5. From the above, it is clear that the status of Baburaj
mentioned by the petitioners is completely different from that of the petitioners. Therefore, the contention of the petitioners cannot be entertained. Therefore, this Writ Petition is dismissed. Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/ W.P(C).19751/2014 8 APPENDIX OF WP(C) 19751/2014 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE LETTER NO.VFPCK/06HR/01/5041/2006/841 DATED 25/5/2006 EXHIBIT P2 COPY OF THE ORDER NO.VFPCK/06/HR/01/1342/2011 DATED 24/8/2011 WAS ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 COPY OF THE ORDER NO.VFPCK/06/HR/08 SENIORITY /2011 DATED 20/8/2011 OF THE CHIEF EXECUTIVE OFFICER OF VFPCK ALONG WITH THE RELEVANT EXTRACT OF THE APPENDED SENIORITY LIST EXHIBIT P4 COPY OF THE REPRESENTATION DATED 4/3/2014 EXHIBIT P5 COPY OF THE REPRESENTATION DATED 2/5/2014