GAYATHRI N. & Ors. v. NONE

GP SRI. M. RAJEEV, SRI. V.A MUHAMMED, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 37162/22 3 JUDGMENT (Dated this the 17th day of January 2024) Petitioners are erstwhile employees of Attappady Hills Area Development Society (for short ‘AHADS’). As per Ext.P3 G.O. dated 16.5.1998, sanction was accorded to create additional 43 posts and 15 co-ordinators. Since no Government employee was willing to work in the AHADS, the Government was permitted to fill up the posts through advertisements in newspapers. After completing all the procedures for due selection, the petitioners were appointed in various posts and they were offered with pay and allowance in par with the Government officers in the same post. Pay revisions were also made applicable to the staff of AHADS from time to time.

The AHADS was transferred to Kerala Institute of Local Administration (KILA). The salary for the months of April, May, and June 2012 was denied, and they approached WPC 37162/22 4 the Kerala Administrative Tribunal, Ernakulam, and the Tribunal directed to consider the case of the petitioners in O.A.(EKM) No. 789 of 2021. The petitioners, thereafter, approached this court by filing Writ Petitions Nos.12319, 18269, 29150, 29209, and 29826 of 2019 for disbursal of salary, medical allowance, and leave surrender. During the pendency of the Writ Petitions, the 1st respondent transferred an amount of Rs.3,54,93,793/- from the account of the AHADS to KILA. Thereafter, the 2nd respondent disbursed the salary petitioners per Ext.P8 proceedings. Medical allowance and leave surrender were not disbursed to the petitioners. The petitioners, who are the staff of the AHADS are eligible for medical allowances, as they are included in the sanctioned category. Petitioners have produced Ext.P9, which shows that they are entitled to medical allowances and leave surrender. WPC 37162/22 5

When the Writ Petitions came up for hearing Ext.P10 interim order was passed. Thereafter, on 19.1.2021, the Writ petitions were disposed of, directing the petitioners to approach the competent authority with a request for medical allowance and leave surrender, and the competent authority was directed to consider the same. In compliance with the judgment of this court, Ext.P13 order is passed on 31.8.2022 rejecting the request. It is challenging the order, this Writ Petition is filed and for a writ of mandamus directing to disburse medical allowance and leave surrender payable to the petitioners as per Ext.P9 within a time frame.

A counter affidavit is filed on behalf of the first respondent wherein it was contended that the documents produced by the petitioners were not sufficient to prove that they were appointed permanently and to sanctioned posts in the AHADS. It is for this reason that the request was turned WPC 37162/22 6 down. Even after completing the project activities of AHADS, the petitioners were granted wages for the period from 1.4.2012 to 30.6.2012. Since it is not specified whether KSR is applicable to the employees of AHADS and that they are not appointed against sanctioned posts, yearly medical allowance benefits are not allowed as per KSR. The claim of medical allowance and leave surrender is not admissible as the project has been discontinued, and the allowance sanctioned by the society to its employees as the service benefits cannot be sanctioned by the Government since their terms and conditions of service are not in line with the existing Government norms.

A perusal of Ext.13 would show that the Government did not consider the Ext.P9 letter sent by the Project Director to the Principal Secretary and the Ext.P12 order by the Principal Secretary. The main reason for rejecting the claim of the Project Director of KILA is not clarifying whether KSR is WPC 37162/22 7 applicable to the employees of AHADS and also the fact that they were appointed permanently to the sanctioned posts. It can be seen through Ext.P9 that the salary to staff and supporting staff includes medical allowance and surrender. While passing orders as directed by this court, the 1st respondent has not taken into consideration Ext.P9 and Ext.P12. Therefore, Ext.P13 is quashed and the 1st respondent is directed to consider the representation already submitted, taking into consideration of Ext.P9. Orders shall be passed within a period of 3 months from the date of receipt of a copy of this judgment. Disposed of. dl/ Sd/- BASANT BALAJI, JUDGE WPC 37162/22 8 APPENDIX OF WP(C) 37162/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE G.O (RT) NO.51/96/RDD DATED

30.01.1996. Exhibit P2 TRUE COPY OF THE G.O(MS) NO.18/96/RDDD DATED

26.09.1996. Exhibit P3 A COPY OF G.O (RT) NO.211/98/RDD DATED

16.05.1998. Exhibit P4 A COPY OF THE GO(MS) NO.47/2014/LSGD DATED

22.02.2014. Exhibit P5 A TRUE COPY OF THE ABOVE G.O(MS) NO.57/2017/LSGD DATED 16.03.2017. Exhibit P6 A COPY OF THE INTERIM ORDER DATED 18.08.2020 IN WPC NO.12319/2019. Exhibit P7 A COPY OF THE INTERIM ORDER DATED 18.11.2019 IN WPC NO.29150/2019 Exhibit P8 A COPY OF THE ORDER IN PROCEEDINGS NO.KILA/2019/101/2921 DATED 09.12.2019 ALONG WITH THE SCHEDULE OF THE EMPLOYEES Exhibit P9 A COPY OF THE LETTER NO.A/E-6/13 DATED 26.11.2013 OF THE DIRECTOR OF AHADS TO THE 1ST RESPONDENT ALONG WITH STATEMENT OF SALARY, MEDICAL ALLOWANCE, LEAVE SURRENDER OF THE STAFF OF AHADS PENDING AS GOVERNMENT FILE NO.LSGD-IB1/69/2016- LSGD (COMPUTER NO.187960) (RECEIPT NO.3456895/2019/LSGD(OS). Exhibit P10 A COPY OF THE INTERIM ORDER DATED 04.01.2021 IN W.P(C) NO.29826/2019. Exhibit P11 A COPY OF THE JUDGMENT DATED 09.01.2021 IN W.P(C) NO.12319/2019 AND CONNECTED CASES. Exhibit P12 A COPY OF THE G.O (MS) NO.187/2001/LSGD DATED

30.07.2001. Exhibit P13 A COPY OF THE G.O (RT) NO.2139/2022/LSGD DATED

31.08.2022. WPC 37162/22 9 Exhibit P14 A COPY OF THE REPRESENTATION DATED 27.01.2021 SUBMITTED BY THE PETITIONERS ALONG WITH OTHER STAFFS OF AHADS FOR SEEKING THE BENEFITS OF EXT.P11 JUDGMENT. RESPONDENT EXHIBITS EXIHIBITR1(a) TRUE COPY OF GOVERNMENT ORDER NO G.O(P)NO28-2016- FIN DATED 26-02-2016