In the matter of: Travancore Devaswom Board, Represented By Its Secretary, Nanthencode, Thiruvananthapuram v. .
2017-09-19
P.R.RAMACHANDRA MENON, SHIRCY V.
body2017
DigiLaw.ai
JUDGMENT : Ramachandra Menon, J. 1. This petition is registered by this Court pursuant to the Special Report bearing No.57/2017 submitted by the learned Ombudsman putting forth a request made by some of the staff for enhancement of the honorarium. 2. We have gone through the proceedings and heard the learned counsel appearing for the parties. 3. It is seen that the staff attached to the office of the Ombudsman were being paid honorarium at different rates considering the extent of work involved and also the cost of living at different points of time. 4. When the honorarium of the Ombudsman was fixed by this Court as per the order dated 11th February, 2010 in DBP No.3/2010 (fixing the same as Rs. 50,000/-) the Ombudsman was requested to make suggestions regarding the revision of pay in the case of staff. It was accordingly, that TDB Report No.55/2010 was submitted suggesting the requisite extent of enhancement in the case of staff. This was considered by this Court and an order was passed on 8th April, 2010 enhancing the honorarium to be paid to the Secretary as Rs. 16,000/-, that of the Private Secretary as Rs. 12,000/-; that of the Peon as Rs. 6,500/- and that of the Sweeper as Rs. 1,000/-, with effect from 1.4.2010. 5. In the course of further proceedings, the honorarium of the staff came to be enhanced further as per order dated 5.9.2012 passed by this Court in DBP No.147/2012, whereby the honorarium of the Secretary was enhanced to Rs. 18,000/- (enhancement of Rs. 2,000/-) and that of the Private Secretary to Rs. 13,500/- with effect from 1.9.2012. It was also considered and found necessary by this Court to have the honorarium paid to the Amicus Curiae to be increased, which was fixed as Rs. 12,500/- from 1.9.2012. 6. The matter came up for further consideration, when this Court was dealing with DBP No.160/2013. Various aspects were considered including as to the ratio of sharing of the expense/honorarium as above, to be contributed by the TDB and the CDB, which was being done as 3/5th and 2/5th respectively. Based on the submissions made across the Bar, this Court as per order dated 20th December, 2013 modified the ratio as ¾th and ¼th respectively. Thereafter, the honorarium payable to the Secretary was enhanced to Rs. 20,000/- (from Rs. 18,000/-), that of the Private Secretary to Rs.
Based on the submissions made across the Bar, this Court as per order dated 20th December, 2013 modified the ratio as ¾th and ¼th respectively. Thereafter, the honorarium payable to the Secretary was enhanced to Rs. 20,000/- (from Rs. 18,000/-), that of the Private Secretary to Rs. 15,000/- (from Rs. 13,500/-), that of the Peon to Rs. 9,000/- (from Rs. 7,500/-) and that of the Sweeper to Rs. 2,000/- (from Rs. 1,000/-). In respect of the Amicus Curiae, it was enhanced from Rs. 12,500/- to Rs. 15,000/-. 7. The matter was taken up for consideration again by this Court about two years after passing the said order, while considering DBP No.26/2015. Taking note of the change in circumstances, the remuneration payable to the learned Amicus Curiae was re-fixed as Rs. 20,000/- (with effect from 1.3.2015), while relieving the earlier Amicus Curiae because of the desire expressed by the latter and recording the appreciation of the work done so far. 8. The necessity to have the honorarium of the staff increased further, was felt by this Court while considering DBP Nos.1, 27 and 37 of 2015 and it was accordingly, that an order was passed on 17.6.2015, whereby it was enhanced by Rs. 2,000/- in the case of the Secretary as well as the Private Secretary to the Ombudsman. In the case of Peon, it was enhanced by Rs. 1,000/- more whereas in the case of Sweeper (who was to work only two days per week), it was enhanced by Rs. 500/-. 9. Two years are over after the last enhancement in the case of staff. Representations have been submitted by some of the staff, pointing out the hard realities as to the workload and the meager returns, which is placed for consideration before this Court, as routed through the Ombudsman. 10. When the matter came up for consideration before this Court on 21.8.2017, the following order was passed:- “The learned Standing Counsel appearing for the Cochin Devaswom Board and the Travancore Devaswom Board are required to get instructions as to feasibility of providing an appropriate extent of enhancement to the officers/staff concerned as pointed out by the learned Ombudsman in the report No.57/2017, considering the necessity to have it enhanced further after a period of five years.” 11.
After hearing both the sides and also after going through the records of the proceedings, the extent of work that involved and discharged by all concerned, the increase in the cost of living index, the decrease in money value and other relevant facts and circumstances, we find it necessary to have the honorarium increased to a reasonable extent. Accordingly, we find it appropriate to re-fix the honorarium of the Secretary as Rs. 25,000/- (Rupees Twenty five thousand only), that of the Private Secretary as Rs. 20,000/- (Rupees Twenty thousand only), that of the Peon as Rs. 13,000/- (Rupees Thirteen thousand only) and in respect of the Sweeper, it will be Rs. 4,000/- (Rupees Four thousand only) for two days of work per week. 12. Considering the volume of work that is being discharged by the learned Amicus Curiae, we find it appropriate to re-fix the honorarium payable to him as Rs. 30,000/- (Rupees Thirty thousand only). Even though there is no mention as to the necessity to increase the honorarium paid to the learned Ombudsman from any corner, this Court cannot ignore the fact that the remuneration of the Ombudsman was fixed more than 7 years ago, while fixing the same as Rs. 50,000/- as per order dated 11.2.2010 in DBP No.3/2010. Applying the same logic, reasoning and such other relevant aspects involved, we find it fit and proper to provide a reasonable enhancement herein as well, causing the same to be re-fixed as Rs. 60,000/- (Rupees Sixty thousand only), in place of Rs. 50,000/-. 13. The cost in this regard shall be shared between the TDB and the CDB in the ratio of 3/4th and 1/4th respectively. The enhancement shall be effective from 1st October, 2017.