RAJESH P.S. V. UNION OF INDIA

WP(C)/11877/2015

AI Insights

The case involves Rajesh P.S., a petitioner, who filed a writ petition challenging the pay fixation guidelines issued for ex-servicemen re-employed in public sector banks, specifically targeting Exhibit P8. The petitioner sought to quash this exhibit, declare his entitlement to a specific pay fixation method, and requested interest on arrears due to incorrect pay fixation upon joining the bank. The court did not directly address these issues but allowed the petitioner to submit a representation to the Indian Bank Association, which would then consider the grievances and pass appropriate orders.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 684934 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 05-03-2024
• Assessment Year: misc
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: RAJAGOPALAN; P C CHACKO
• Assessee Lawyers: B ASHOK SHENOY; P S GIREESH; RIYAL DEVASSY
• Keywords: Ex-servicemen; Pay fixation; Public sector banks; Writ of Certiorari

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 11877 OF 2015 PETITIONER/S: RAJESH P.S. AGED 45 YEARS S/O.LATE P.S.SREEDHARAN, AGED 45 YEARS, PUTHENPARAMBIL, T.R.A. 149, NADAKAV LANE, PEROORKADA P.O., TRIVANDRUM, PIN - 695 005. BY ADVS. SRI.B.ASHOK SHENOY SRI.P.S.GIREESH SRI.RIYAL DEVASSY RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY UNDER SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN BUILDING, PARLIAMENT STREET, NEW DELHI, PIN - 110 001. 2 THE DIRECTOR DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE & PENSION, NEW DELHI - 110 001. 3 THE INDIAN BANK ASSOCIATION REPRESENTED BY ITS CHAIRMAN WORLD TRADE CENTRE, 6TH FLOOR, CENTRE 1 BUILDING, CUFF PARADE MUMBAI, PIN - 400 005. 4 THE CHAIR PERSON MANAGING DIRECTOR BANK OF INDIA, HEAD OFFICE, STAR HOUSE, BKC, BANDA (EAST) MUMBAI, PIN - 400 051. 5 THE ZONAL MANAGER KERALA ZONE, BANK OF INDIA ZONAL OFFICE, KALOOR TOWERS, K.K.ROAD, KOCHI, PIN - 682 017. 6 THE SENIOR BRANCH MANAGER PUTHENCHANTHAI BRANCH, BANK OF INDIA, THIRUVANANTHAPURAM, PIN - 695 001. BY ADVS. SHRI.RAJAGOPALAN.A., CGC SRI.P.C.CHACKO SC BANK OF INDIA SRI.RAJAGOPALAN.A. CGC WP(C).No.11877/2015 2 P.C.CHACKO(PARATHANAM) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.11877/2015 3 P .V .KUNHIKRISHNAN, J. -------------------------------- W .P .(C).No.11877 of 2015 ---------------------------------------------- Dated this the 05th day of March, 2024 JUDGMENT This writ petition is filed with following prayers: i. To call for the records leading to Exhibit-P8, by issuing a Writ Of Certiorari and may be pleased to quash the same on a finding that it is illegal arbitrary in the interest of Justice. ii. To declare that the petitioner is entitled to get his pay fixed by protecting his pay (Basic Pay + Grade Pay + Military Service pay + Classification Pay + G.C.B. Pay), drawn prior to his retirement, instead of pay + D.A, in the interest of justice. iii. To direct the 4th respondent to pay interest on the arrears due thereon, on account of wrong fixation of pay of the petitioner on joining the Bank and also to pay cost in the interest of Justice. iv. To pass any such or further orders as the petitioner may seek and this Hon'ble court deem fit to grant. (SIC) 2. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner is aggrieved by Ext.P8 and the petitioner may be allowed to WP(C).No.11877/2015 4 submit a representation before the 3rd respondent narrating his surviving grievance. 3. If that be the case, the petitioner can be allowed to file appropriate representation before the 3rd respondent against Ext.P8 and there can be a direction to consider the same. Therefore, this writ petition is disposed of with following directions: 1. The petitioner is free to file appropriate representation against Ext.P8 before the 3rd respondent, within one month from the date of receipt of a certified copy of this judgment. 2. Once such a representation is received, the 3rd respondent will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to the petitioner, either virtually or physically. sd/- P .V .KUNHIKRISHNAN JV JUDGE WP(C).No.11877/2015 5 APPENDIX OF WP(C) 11877/2015 PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE FIXATION OF PETITIONERS SALARY ISSUED BY THE SENIOR MANAGER - HR,AS PER COMMUNICATION NO.KZO:HRD:NKV:798, DATED 01.09.14. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 11.09.2014. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.10.2014. EXT.P4: TRUE COPY OF THE COMMUNICATION ISSUED AT THE INSTANCE OF THE OFFICE OF THE 3RD RESPONDENT TO THE 6TH RESPONDENT, DATED 24.01.2015. EXT.P5: TRUE COPY OF THE OFFICE MEMORANDUM WITH NO.3/19/2009-ESTT (PAY II) ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE PENSION, DEPARTMENT OF PERSONNEL & TRAINING, NEW DELHI - DATED 05.04.2010. EXT.P6: TRUE COPY OF THE OFFICE MEMORANDUM WITH NO.3/19/2009-ESTT (PAY II) ISSUED AT THE INSTANCE OF DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DATED 08.11.2010. EXT.P7: TRUE COPY OF THE LETTER NO.1/69/2008/D(PAY/SERVICE), ISSUED AT THE INSTANCE OF THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, TO THREE SERVICE CHIEFS, DATED 24.07.2009. EXT.P8: TRUE COPY OF THE GUIDELINES ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT, FOR PAY FIXATION OF EX- WP(C).No.11877/2015 6 SERVICEMEN RE-EMPLOYED IN PUBLIC SECTOR BANKS DATED 30.01.2014. EXT.P9: TRUE COPY OF THE COMMUNICATION WITH NO.16(6)/2008(2)/D (PENSION/POLICY), GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, DEPARTMENT OF EX- SERVICEMEN WELFARE, NEW DELHI DATED 05.05.2009. EXT.P10: TRUE COPY OF THE PAY FIXATION ORDER IN RESPECT OF AN EX-SERVICEMEN RE-EMPLOYED IN THE POSTAL DEPARTMENT DATED 07.10.2014. EXT.P11: TRUE COPY OF THE REVISED FIXATION ORDER ISSUED AT THE INSTANCE OF THE CHIEF COMMISSIONER OF INCOME TAX, BHOPAL IN RESPECT OF AN EX- SERVICEMAN ON RE-EMPLOYMENT, DATED 03.07.2014. EXT.P12: TRUE COPY OF THE OFFICE ORDER NO.80 ISSUED AT THE INSTANCE OF THE EMPLOYEES' PROVIDENT FUND ORGANIZATION IN RESPECT OF AN EX-SERVICEMAN ON RE- EMPLOYMENT, DATED 28.07.2014. EXT.P13: TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS (BANKING DIVISION) DATED 28.01.83. RESPONDENTS’ EXHIBITS R4(A) COPY OF THE OFFICE MEMORANDUM DATED 11.11.2008 ISSUED BY DIRECTOR TO GOVERNMENT OF INDIA "