The High Court of Kerala passed a judgement on 18 January, 2023 which stated that the 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. It was stated in the case of B Ranjit Kumar vs State Of Kerala (WP(C) NO.694 OF 2022) which was passed by the single judge bench comprising of JUSTICE ANU SIVARAMAN
FACTS OF THE CASE:
The petitioners in these writ petitions are judicial officers who are either working or have retired from service as District and Sessions Judges. The 1st petitioner is the Kerala Judicial Officers Association. The substantial prayers in these writ petitions is with regard to refixation of pension payable to the petitioners and members of the Association by reckoning special pay which is paid to them as part of their emoluments.
JUDGEMENT OF THE CASE
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 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.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
