Showing posts with label special pay. Show all posts
Showing posts with label special pay. Show all posts

Sunday, 29 January 2023

Kerala HC: Special Pay of Judicial Officer is Part Of Pay, Should Be Reckoned To Calculate Pension

 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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