The learned counsel appearing for the petitioners
contends that the action of the respondents in issuing
Government Orders which are completely at variance with the
directions contained in the judgment of this Court amounts to
an open challenge to the orders and authority of this Court and
that the said directions are completely illegal and violative of
the directions of this Court. {Para 14}
15. I have considered the contentions advanced. This
Court in the earlier round of litigation had specifically
considered the nature of the special pay granted to judicial
officers pursuant to the directions of the Shetty Commission.
It was found that special pay would come within the definition
of pay under Rule 12(23). Special Pay is a benefit which is
granted to officers posted in specific posts having
administrative responsibilities for the extra work which is done
by them. The argument that grant of special pay to some
officers will lead to a junior-senior anomaly had been agitated
in the earlier litigation also but did not find favour with this
Court. The argument cannot be sustained for a moment in
view of the fact that the principles on which a difference in pay
between a senior and junior is to be considered to be an
anomaly are provided in the very same Rule itself. Grant of
special pay for administrative duties would not, by any stretch
of imagination, result in any junior-senior anomaly since it is a
special emolument given for extra work done.
16. We hope and trust that the appellants would put a
quietus to this issue, so that, objections of this nature are not
unnecessarily raised as against the judicial officers concerned.”
The impugned orders passed by the Government,
without considering the declaration of law by this Court, are
completely unsustainable. The contention of the respondents
that special pay cannot be reckoned for the purpose of fixation
of pension is without any merit whatsoever. The said
contentions are repelled. The orders and letters impugned in
these writ petitions are, therefore, set aside. It is declared that
the special pay granted to judicial officers is a part of their pay
and that it is to be reckoned for the purpose of calculation of
pension. The respondents shall take appropriate steps to see
that the pension of the judicial officers who drew special pay at
the time of their retirement is revised and the arrears are
disbursed to them forthwith, at any rate, within three months
from the date of receipt of a copy of this judgment.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) NO.694 OF 2022
CHERIAN VARGHESE Vs STATE OF KERALA,
PRESENT
MRS. JUSTICE ANU SIVARAMAN
Dated: 18TH DAY OF JANUARY 2023
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