T. I. Jose and Ors. vs Managing Director, Kerala Water Authority and Anr.

HELD: On the analysis of the pay revision, it has emerged before the Court that Head Operators were drawing a pre-revised scale of Rs 1455-2440. The equivalent revised scale of pay under the third pay revision was Rs 4710-7710. Since an intermediate post of Senior Operator was created by an administrative decision, the scale of pay for that post was fixed at the pay scale allowable to the next higher post of Head Operator. Consequently, the pay scale for the post of Head Operator was made equivalent to that which was drawn in the next higher post of Mechanical Superintendent. The High Court held that an intermediate post could not have been created by an administrative order and would require an amendment to the statutory rules. Following this, the State Government in its GO dated 18 March 2004 abolished the intermediate post. Upon the abolition of the intermediate post, all that was done by the GO dated 18 March 2004 was to clarify that Operators, Head Operators and Mechanical Superintendents would be entitled to draw equivalent revised scales of pay corresponding to their pre-revised pay scales. The higher pay scale which was given to Head Operators under note 13 was occasioned by the creation of an intermediate post of Senior Operators. Once the intermediate post was abolished since it was found to be ultra vires by the High Court, the pay scale of Head Operators was restored to the exactly corresponding pay scale under the revised scales of pay. This action was consistent with law. The High Court has fairly issued a direction that no recoveries shall be made. [Paras 13,14,15] [615-C-H; 616-C]