JUDGMENT : S.MANIKUMAR, J. 1. Aggrieved by the order dated 22.10.2018 (Exhibit-P7) passed by Kerala State Human Rights Commission, Thiruvananthapuram (respondent No.1) in H.R.M.P. Nos.6759/2018 & 6977/2018, by which the Commission denied the grant of ex-gratia allowance to the petitioner herein, in lieu of the bonus given to the employees as per the Payment of Bonus Act, 1965, which has been ordered to be paid by Government vide its order dated 23.08.1977 (ExhibitP1), instant writ petition is filed for the following reliefs. (a) Call for the records leading to Exhibit-P7 order dated 22.10.2018 of the Kerala State Human Rights Commission, Thiruvananthapuram and to quash the same by issuing a writ of certiorari or any other appropriate writ. (b) To declare that petitioner is entitled to the benefit of ExhibitP1 order granting ex-gratia at the rate of 8.33% in lieu of bonus and issue consequential direction to the District Treasury Officer, Alappuzha to disburse ex-gratia at the rate of 8.33% by releasing the withheld portion of the ex-gratia of 2017 to 2019 within such time as this Court may fix as reasonable and just. 2. Short facts leading to the filing of the writ petition are as under: Petitioner is engaged as a SLR skilled worker in Dry Dock Workshop, under the Executive Engineer, Irrigation (Mechanical Division), Alappuzha, (respondent No.2), for the past several years. Though his services were regularised, no pensionary benefits were conferred. However, he was paid ex-gratia payment in lieu of the bonus given to the employees as per the Payment of Bonus Act, 1965. The Act was amended and the minimum bonus was fixed as 8.33%. Subsequently, the Irrigation Department vide Exhibit-P1 order dated 23.08.1977, enhanced the rate of ex-gratia at 8.33% to the workers of Dry Dock Workshop as per the provisions of the Factories Act. Meanwhile, the District Treasury Officer, Alappuzha, (respondent No.4), has objected to the payment of ex-gratia at the rate of 8.33% to the petitioner. Hence, he filed Exhibit-P4 complaint before Kerala State Human Rights Commission, against the action of respondent No.4. 3. Meanwhile, the District Treasury Officer, Alappuzha, (respondent No.4), has objected to the payment of ex-gratia at the rate of 8.33% to the petitioner. Hence, he filed Exhibit-P4 complaint before Kerala State Human Rights Commission, against the action of respondent No.4. 3. The Commission vide Exhibit-P7 order dated 22.10.2018 dismissed the complaint based on Exhibit-P6 report submitted by the Executive Engineer, Mechanical Division, Alappuzha, inter alia, stating that the petitioners in Exhibit-P4 complaint are entitled to get ex-gratia at the rate of 8 1/3 and that payment now made at the rate of 4% is only due to the objection of the District Treasury Officer, Alappuzha. 4. Being aggrieved, instant writ petition is filed on the following grounds: A. Petitioner and others in Exhibit-P4 similarly placed have been paid ex-gratia on par with bonus as per Exhibit-P1 Government order ever since their service has been regularized. There was no treasury objection for such payment. The 4th respondent raised the objection without any reason or logic. In fact, the 2nd respondent has informed the 1st respondent that the rate of ex-gratia paid @ of 4% is enhanced when there was an enhancement in the rate of bonus and such enhancement is automatic in view of the government orders. The objection raised by the 4th respondent is without considering Exts.P1 and P2 orders. B. By Exhibits-P1 & P2, petitioner and others in Exhibit-P4 complaint are entitled to ex-gratia at the rate of 8.33% and that the payment now made at the rate of 4% is only due to the objection by the 4th respondent. The order of the Government granting ex-gratia to the petitioner and others in Exhibit-P4, in lieu of bonus is not against any provisions of law and, therefore, there is no justification to deny the benefit. In the circumstance, the 4th respondent is liable to be directed to pay the portion of ex-gratia of the petitioner and others in Exhibit-P4 with held in 2016-17 onwards. C. The petitioner and others in Exhibit-P4, who are the employees of Dry Dock Workshop, and the employees of Government Press, Thiruvananthapuram, are the only people, who have been granted ex-gratia, in lieu of bonus. The employees of the Government Press, Thiruvananthapuram are being paid ex-gratia payment at the rate of 8.33% and petitioner was denied the same benefit. C. The petitioner and others in Exhibit-P4, who are the employees of Dry Dock Workshop, and the employees of Government Press, Thiruvananthapuram, are the only people, who have been granted ex-gratia, in lieu of bonus. The employees of the Government Press, Thiruvananthapuram are being paid ex-gratia payment at the rate of 8.33% and petitioner was denied the same benefit. Denial of the ex-gratia allowance to the petitioner amounts to violation of Articles 14 and 21 of the Constitution of India. D. The 1st respondent Commission dismissed Exhibit-P4 complaint based on Exhibit-P6 report submitted by the Executive Engineer Mechanical Division, Alappuzha. Copy of Exhibit-P6 report was never served on the petitioner and others in Exhibit-P4 and they were not given a chance to make submissions on the report. Exhibit-P7 order dismissing Exhibit-P4 is thus vitiated by the principles of natural justice. E. Exhibit-P7 being one passed in violation in the principles of natural justice, the same is void and nonest. In Exhibit-P7, the 1st respondent did not consider the grievances of the petitioner and the claim for ex-gratia in lieu of bonus, which has been ordered to pay by the Government vide Exhibit-P1. The order being illegal and arbitrary, petitioner and others in Exhibit-P4 filed Exhibit-P8 review petition. On Exhibit-P8, the 1st respondent issued notice of hearing scheduled on 25.04.2019. The same is however still pending. The delay is causing serious prejudice. F. Exhibit-P7 order dated 22.10.2018 in HRMP No. 6977/2018 is bad in law and passed without considering the reliefs sought for in the petition. The relief sought in Exhibit-P4 complaint submitted by the petitioner and others in Exhibit-P5 was different. The relief sought and the contentions raised by the petitioner in Exhibit-P4 complaint were not addressed by the 1st respondent while passing Exhibit-P7 impugned order. Thus, there is an apparent error on the face of Exhibit-P7 order and is liable to be reviewed. G. A perusal of the impugned order would reveal that the Executive Engineer Mechanical Division, Alappuzha did not spell out a single word regarding the contentions raised by the review petitioners regarding the disbursal of ex-gratia allowance. From the order what is observed is that the Executive Engineer Mechanical Division, Alappuzha had only reported the applicability of KSR Rules, Leave Rules and other benefits. In fact, there is no dispute to that contention. From the order what is observed is that the Executive Engineer Mechanical Division, Alappuzha had only reported the applicability of KSR Rules, Leave Rules and other benefits. In fact, there is no dispute to that contention. The said rules, however, do not prohibit payment of ex-gratia to the petitioner and others granted as per Exhibit-P1 Government order. H. Ex-gratia allowances were paid to the SLR workers in Dry Dock Workshop from 1968 onwards. The ex-gratia allowance was paid to them @ of 8.33% for 39 years continuously. The Accountant General has not raised any objections in the past. Therefore, there is no justification to deny the same on the objection of the 4th respondent. 5. The Executive Engineer, Irrigation (Mechanical Division), Alappuzha, (respondent No.2), has filed a statement, contending as under: (A) As far as SLR workers of Dry Dock Workshop, Alappuzha, are concerned, Government as per G.O.(MS) No.88/1968/PWD dated 06.04.1968 sanctioned 4% of ex-gratia, in lieu of bonus at the rate of minimum bonus as per Bonus Act. When bonus was enhanced to 8.33%, during the period 1973-74, 1974-75 and from 1976-77, bonus rate again reduced to 4%, on that background, Government issued Exhibit-P1 order being G.O.(MS) No.67/1977/PF dated 23.08.1977. The said Government Order sanctioned ex-gratia payment @ 8.33% only during 1973, 1974 and 1975 and it was further clearly stated that rate of ex-gratia of payment for subsequent years will be 4% of annual earning. (B) When the matter came up for consideration before this Court on 13.01.2020, this the respondents were directed to file a statement on the averments made in the Writ Petition with Government Orders periodically issued by the Government, sanctioning ex-gratia payment to SLR Workers of various establishments. It is stated that other than Exhibit P1, no Government orders have been issued by the Government till dated sanctioning of ex-gratia. In the above circumstances, the 2nd respondent prayed for dismissal of the writ petition. 6. Heard learned counsel for the parties and perused the material available on record. 7. Material on record discloses that as per order dated 23.08.1977 (Exhibit-P1), Government have sanctioned ex-gratia payment at the rate of 8.33% to the workers of Dry Dock Workshop, Alappuzha, during 1973, 1974 and 1975. 6. Heard learned counsel for the parties and perused the material available on record. 7. Material on record discloses that as per order dated 23.08.1977 (Exhibit-P1), Government have sanctioned ex-gratia payment at the rate of 8.33% to the workers of Dry Dock Workshop, Alappuzha, during 1973, 1974 and 1975. Said order is extracted hereunder: “GOVERNMENT OF KERALA ABSTRACT P.W.D-Establishment -Ex gratia payment of the workers of Dredger and Dry Dock Workshop, Alleppey -Enhancement of rate for the years 197374 and 1974-75 etc. PUBLIC WORKS (B) DEPARTMENT G.O.MS.67/77/PF Dated, Trivandrum, 23-8-1977 Read:- (1) G.O.MS.88/68/PW dated 6-4-1968 (2) Memorandum dated 3.4.1975 from the PWD.--Dredger and Workshop Workers Union, Alleppey. (3) Correspondence ending with Letter No.32020/KIIC/75 dated 22.09.1975 from the Chief Engineer, General, Buildings and roads. ORDER In the G.O. read as first paper above Government had ordered inter alia for the payment of ex-gratia to the workers of Dredger and Dry Dock Workshop, Alleppey at the rate of 4% of annual earning of each worker. This was sanctioned in lieu of bonus and the rate was fixed when the minimum bonus was 4%. During the year 1973-74 and 197475 the minimum bonus of workers was fixed as 8.1/3% by an amendment to the Bonus Act. This enhancement had not been sanctioned so far to the workers of Dredger and Dry dock workshop.pwd Dredger and workshop union has demanded to enhance the rate of ex-gratia payment to 8.1/3% and to extend this benefit to the non gazetted executive and ministerial staff of the workshop also. (2) Government, after examining the question in details are pleased to order as follows. i. The rate of ex-gratia payment to the workers of Dredger and Dry Dock Workshop, Alleppey for the years 1973-74 and 1974-75 will be enhanced to 8.1/3% of the annual earnings of each worker. ii. The rate of ex-gratia payment for the subsequent years will be 4% of the annual earnings of each worker since the minimum bonus now prevailed is only 4%. iii. The benefit of payment of ex-gratia will be extended to the non gazetted executives and ministerial staff of the dredger and dry dock workshop, Alappey from the year 1977-78 onwards. (By order of the governor) M.C.Raja Raja Varrna Deputy Secretary to Govt.” 8. iii. The benefit of payment of ex-gratia will be extended to the non gazetted executives and ministerial staff of the dredger and dry dock workshop, Alappey from the year 1977-78 onwards. (By order of the governor) M.C.Raja Raja Varrna Deputy Secretary to Govt.” 8. Exhibit-P2 report dated 3.5.2017 of the Works Manager, Dry Dock Workshop, Sub Division, Alappuzha is extracted hereunder: “Number: E1-77-03 Office of Works Manager Dry Dock Workshop, Sub Division, Alappuzha, Date:-03.05.2017 Applicant Works Manager Recipient District Treasury Officer, District Treasury, Civil Station, Alappuzha. Sir, Sub: -In the matter of release of ex gratia allowance withheld during 2016-17 of the Dry dock workshop employees- regarding. Ref: 1. Objection raised by the District treasury office on the bill submitted by the applicant. 2. G.O(M.S) 88- 68 PW dated 06-04-1968. 3. G.O(M.S) 67 - 77 PW dated 23-06-1977 Ex-gratia allowance of dry dock workers of the period has been for the first time withheld which was being paid for over 49 years, stating that the Government order enhancing the ex gratia allowance @ 8.33% should be produced. Employees of the Dry dock workshops working under the Factories and boilers Act have been given ex-gratia payment in lieu of bonus since 1968 under Government order referred 2nd above. As per the order issued in 1968 referred 22nd above, the minimum wages paid to an employee under the Bonus Act was @ 4%. Therefore ex-gratia allowance was brought at par with minimum bonus and set at 4%. However, in the year 1973, when Bonus Act was amended and minimum bonus was fixed at 8.33%, on the resolution of PWD dredger and dry dock workers union, Government issued order referred 3rd above, and rate of ex gratia set at par with the rate of minimum bonus and that was extended to the non executives and ministerial staff of dry dock workshop at Alappuzha. The same was sanctioned in lieu of the rate fixed at that time. The same was sanctioned in lieu of the rate fixed at that time. Minimum bonus was 4% as per the Bonus Act when the said allowance was granted in the year 1968 and in the year 1973, payment of Bonus Act was amended and minimum bonus was fixed at the rate of 8.33%, (1) and in the year 1976, Bonus Act was again amended and minimum bonus was reduced at the rate of 4% and at the end of 1977, minimum bonus was amended at the rate of 8.33% as referred 3rd above. Government order referred 2nd above was passed during the period when the 2nd amendment of Bonus Act was passed and when the minimum bonus was returned to 4% ( order dated 23-06-1977). So that, during the period 1973-74 and 1974-75, minimum bonus was 8.33% and ex-gratia was also allowed at the rate of 8.33%. Since the current rate of bonus is 4%, ex gratia will also be fixed at 4% for the subsequent years as per the order. From that order, treasury officers and accountant general and finance department are aware that ex gratia changes in accordance with the minimum bonus and that is why ex gratia was paid uninterruptedly at the rate of 8.33% from the time of amendment to Bonus Act in 1977-78. When the bill for ex gratia payment was presented for the period 2005-06, an employee Mr.]ohn from that department raised an objection that it is a time barred claim and ex gratia payment was delayed for 1 ½ month. On going through the enquiry, it is understood from the finance department that it is not a time barred claim, instead on enquiry, it is understood that it was related to a bonus paid to the Government employees during the period 2005-2006 and that has to be claimed by the Government employees before March 31st. The ex-gratia bills during the past 38 years were passed without any interruption until before the SPARK PAY ROLL. All the ex-gratia bills during the past years were sent from district treasury office to accountant general and he conducts inspection in mechanical division office in Alappuzha and till date no objections were raised by them. Treasury ban happened in years before 2005 and directions from finance department to release ban only on the ex-gratia payment received in district treasury office. Copies of such directions are hereby produced. Treasury ban happened in years before 2005 and directions from finance department to release ban only on the ex-gratia payment received in district treasury office. Copies of such directions are hereby produced. It is hereby seeking attention to the clause 5 of the bonus order that grants bonus to the government employees from the year 1985, that the bonus that is given to employees of government press are allowed to give re-option, either to choose to get bonus stated in that order or to get performance allowance including ex gratia, that is given to industrial workers from government. Gazette officers were excluded from industrial workers who are getting ex gratia or performance allowance. But G.O(MS) No: 76/89/H dated 29.03.1989 published for printing department, stating that government press workers including gazette officers working in government press are entitled to get ex-gratia allowance and performance allowance. Government order referred 2nd above, granting allowance to the workers in the said office has been submitted to the officer in the district treasury office, who has objected the bill. He has replied orally that it is not visible since it is an order in the year 1977. So, I have collected the visible copy from archaeology department and the same is hereby produced. Workers of this office are suffering due to the non-payment of ex gratia allowance. Kindly consider the above matters and raise the objections in the bill and allow ex gratia allowance to the workers. Faithfully, Works Manager” 9. Exhibit-P3 letter dated 12.05.2017 sent by the District Treasury Officer, Alappuzha, to the Treasury Director is extracted hereunder: “A2/831/2017 District Treasury, Civil Station-688 001 Phone No.0477 2251724 Mobile: 9496000068 Date:- 12/05/2017 Applicant, District Treasury Officer Alappuzha. Recipient, Treasury Director, Treasury Directorate Thiruvananthapuram. Sir, Sub: Matter with respect to ex-gratia allowance of Dry Dock Workshop during 2016-2017. Ref:-1. Bill control code 39563479829589857936, 89845389, 898886699 2. Letter dated 03.05.2017 of Works Manager, Dry Dock Workshop Sub Division, Alappuzha I intend to pay your attention to the above matter. Bill referred 1st above submitted by the Alappuzha dry dock sub division manager was returned by this office. Bill was returned for the reason that no order was found to have granted ex gratia allowance and demanded submission of government order granting ex gratia allowance to dry dock workers at the rate of 8.33%. Bill referred 1st above submitted by the Alappuzha dry dock sub division manager was returned by this office. Bill was returned for the reason that no order was found to have granted ex gratia allowance and demanded submission of government order granting ex gratia allowance to dry dock workers at the rate of 8.33%. In the government order submitted along with reference letter, ex gratia allowance at 8.33% is granted during the period 1973-74 and 1974-75 and It is mentioned that for the rest of the years vitwwfllwffbef 84%. But it is mentioned in the reference letter of office manager that the ex-gratia allowance at the rate of 8.33% mentioned in the orders granting special festival allowance, adhoc bonus granted to government employees yearly, is applicable to the workers in the said office and they are entitled to get that. At this juncture, it is necessary to get a direction regarding whether to grant ex gratia allowance to dry dock workers or not. For that, the copy of bill details and copy of government orders submitted from the said office are submitting along with it. Kindly provide directions with respect to this matter. Faithfully, District Treasury Officer” 10. Exhibit-P6 report of the Executive Engineer, 2nd respondent, dated 03.10.2018 is extracted hereunder: “No.E1-General-2018 Office of Executive Engineer Mechanical Division Alappuzha, dated : 03-10-2018 Applicant Executive Engineer Recipient Kerala Human Rights Commission Thiruvananthapuram. Sub:-With respect to the petition filed by the SLR Workers of Dry Dock and Workshop Division, Alappuzha before the State Human Rights Commission. Ref: 1. HRMP No:6977/18/ALD dated 11.09.2018- Filed before the Kerala Human Rights Commission. 2. No: E3-113/2013 dated 25.09.2018. letter of Works manager, of dry dock and workshop subdivision, Alappuzha. 3. G.O(MS) No: 67/77 dated 23.08.1977. 4. Letter No: E1-77/13 dated 03.05.2017 of this office. 5. G.O(MS) No:80/2012/PWD Thiruvananthapuram dated 27.10.2012. 6. Letter No: A2/831/2017 dated 12.05.2017 of District Treasury Officer, Alappuzha. 7. Letter No: E3-112/2010 dated 22.10.2018 issued by this office to the district treasury officer. 8. Letter No:E1-77/03 dated 06.02.2018 of this office. Kindly paying your attention to the above subject. As per the matter referred 3rd above, all the S.L.R workers of Dry-dock and Workshop Sub-division, Alappuzha, coming under this office were getting the ex-gratia benefits at the rate of 8.1/3 every year in the month of April. 8. Letter No:E1-77/03 dated 06.02.2018 of this office. Kindly paying your attention to the above subject. As per the matter referred 3rd above, all the S.L.R workers of Dry-dock and Workshop Sub-division, Alappuzha, coming under this office were getting the ex-gratia benefits at the rate of 8.1/3 every year in the month of April. But in the year 2016-2017, bill for payment of ex gratia was returned by the district treasury office when it was presented, stating that there is no clarity in the order and objected. Regarding that, letter referred 4th above was sent the district treasury officer. But no further action was reported to this office. The SL.R workers submitted a complaint regarding non payment of ex gratia before the Minister of irrigation department and based on that, a direction was sent from this office to the works manager under the dry—dock and workshop sub division to submit a report and further action in the issue. Based on that, works manager contacted district treasury and as per letter referred 6th above, district treasury officer accepted bill for ex-gratia at the rate of 4% for the year 2016-17 and directed that rest of the 4.33% ex-gratia could be claimed by the workers as arrears, when clarity is obtained regarding the order. So, claim was made for 4 % ex gratia within the specified time period and in 2017-2018 also, a claim made for the 4% ex-gratia. But till date, there is no information obtained regarding arrears of payment and clarity in the order. As per the Government order referred 3rd above, S.L.R workers are not regular employees as per conditions in Annex. 5 to 10 and they won't get benefits under KSR rules, leave rules, GPF, grade promotion, HPL, commuted leave, earn leave, surrender of earn leave, and medical allowances. Faithfully, Executive Engineer” 11. Exhibit-P7 order dated 22.10.2018 passed by the Kerala Human Rights Commission (respondent No.1) is extracted hereunder: “KERALA STATE HUMAN RIGHTS COMMISSION Present: P. Mohanadas Hon. Member H.R.M.P number 6759/2018 Petitioners: V.K Pushkaran and Ors., Azheekkadavu Respondents: H.R.M.P number 6977/2018 Petitioner: G.P Babu, S.L.R worker dredger Dry dock workshop, Alappuzha Respondents: Order dated 22nd OCTOBER, 2018 Petitioners in H.R.M.P 6759/2018 are the S.LR workers in the irrigation department of Thanneermukkam section office. Thanneermukkam section office is working under the Alappuzha mechanical division. They are employed in daily wages for the past 30 years. Thanneermukkam section office is working under the Alappuzha mechanical division. They are employed in daily wages for the past 30 years. Even though their employment was regularized in the year 2013, still they are not getting any retirement benefits or any other allowance. They filed petition for getting retirement benefits and other allowances. Petitioners in H.R.M.P 6977/2018 are the SLR workers of dry-dock workshop under Alappuzha irrigation mechanical sub division. Their petition is also concerning non-payment of pension or other allowances and non-payment of ESI, festival allowances etc, which they are entitled to get. Alappuzha mechanical division executive engineer has submitted detailed report in this petition. It is said that petitioners are not regular workers and so they are not guided by leave rules and KSR rules and they can continue their employment until the age of 58 and on their retirement, they could claim only seasonal gratuity. Copy of government order was produced along with the report. As per the G.O(MS) No: 80/2012/PWD dated 27/10/2012 published by the Public Works Department, petitioners are not entitled to get any benefits other than those allowances stated in the order. The above order was published based on the order of High Court of Kerala. Even though petitioners are entitled to get salary and DA as per the order, they are not entitled to get any other benefits as stated in clauses 8, 9 and 10 of order. Since it is so categorically stated in the government order, petitioners are not entitled to get any other allowance or benefits stated in the petition. Hence, petition is disposed accordingly. Sd/- P. Mohanadas Member Kerala State Human Rights Commission” 12. G.O.(MS) No.67/77/PF dated 23.08.1977 (Exhibit-P1) reiterates policy of the State Government taken in the year 1968 by G.O.MS. No.88/68/PW dated 06.04.1968. Further reading of Exhibit-P1 reveals that the policy of the Government continued even during the years 1973-74 and 197475 and thereafter. Said Government order only reiterates that whatever percentage of ex-gratia given as bonus to the workers of dredger and dry dock workshop to be extended to non-gazetted executives and ministerial staff of the dredger and dry dock workshop by way of ex-gratia. 13. Contention of learned counsel for the petitioner that from 1977-78 onwards till 2016-17, SLR workers were paid ex-gratia at the rate of 8 1/3, is not disputed. 13. Contention of learned counsel for the petitioner that from 1977-78 onwards till 2016-17, SLR workers were paid ex-gratia at the rate of 8 1/3, is not disputed. Decision to reduce disbursement of ex-gratia appears to have been taken on the basis of Treasury's objection. Treasury Officer on his own, cannot take a decision, considering the fact that the Government have not reduced ex-gratia to 4%. Understanding of the Government and the Department appears to continue ex-gratia at the same rate, at which bonus was given to other persons, who are entitled to get the same. A scrutiny of the Government order further shows that clause 2(ii), fixing ex-gratia at the rate of 4% equivalent to the rate of bonus, was on the basis of the situation that prevailed during the year 1976-77. 14. G.O.(Ms) No.80/2012/PWD dated 27.10.2012 reads thus: “GOVERNMENT OF KERALA Abstract PWD-Estt. -Revision of Scale of Pay of SLR workers in Public Works Department & Water Resources Department -Judgment of the Hon'ble High Court of Kerala in W.P.(C) No.15219/11 -Complied with -orders issued. Public Works (B) Department G.O.(Ms) No.80/2012/PWD Thiruvananthapuram, Dated:27.10.2012 Read:- 1. G.O.(Ms) No.24/07/PWD dated 19.03.2007. 2. G.O.(Ms) No.46/08/PWD dated 12.11.2008. 3. Judgment dated 07.06.11 of the Hon'ble High Court in W.P. (C) No.15219/11 filed by Kerala State SLR Workers Front represented by its General Secretary. 4. Letter No.EE2-24526/2011 dated 10.01.2012 & EE2-20905/2008 dated 22.05.2012 of the Chief Engineer, PWD (Admn.), Thiruvananthapuram. 5. Letter No.C1-8911/12 dated 08.05.2012 of the Chief Engineer, Irrigation & Administration, Thiruvananthapuram. ORDER The scales of pay of the SLR workers for the Public Works Department and the Water Resources Department are governed by the G.O.s read as 1st and 2nd papers above. 2. The Hon'ble High Court as per the judgment read as 3rd paper above directed the 1st respondent, Government, represented by the Secretary, Public Works Department, to consider Ext.P3 representation and pass appropriate orders within three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the 1st petitioner. The request of the petitioners in Ext.P3 representation is to revise the pay of SLR workers of the Public Works Department and the Water Resources Department on a par with that of Last Grade Servants of State Government. The petitioners were head on 11.01.12. The request of the petitioners in Ext.P3 representation is to revise the pay of SLR workers of the Public Works Department and the Water Resources Department on a par with that of Last Grade Servants of State Government. The petitioners were head on 11.01.12. They contended to revise their pay on a part with that of the last grade servants of state service. 3. In compliance with the direction the Hon'ble High Court in the judgment above, Government have examined the case in detail based on the report of the Chief Engineer, PWD (Admn) and the Chief Engineer, Irrigation & Administration and are pleased to revise the pay of SLR workers in Public Works Department and Water Resources Department with effect from 01.07.2009 as detailed below. I. Scale of Pay a. Skilled Workers b. Unskilled workers 8500-230-9190-250-9940-270-11020-12220-330-13210 8270-230-9190-250-9940-270-11020-300-12220 II. Date of effect a. Pay revision with effect from 01.07.2009. b. HRA with effect from 01.02.2011. III. DA is revised w.e.f. 01.07.2009 as applicable to State Government Employees. IV. The following is the formula for revision of pay for those who joined as SLR worker on or before 30.06.2004. Revised Pay = Existing basic pay + 64% of DA + 9% of basic pay or Rs.900 whichever is higher as fitment benefit + 0.4% of basic pay for each completed year of service subject to a maximum of 12% as service weightage. (a) Basic pay for the purpose of this clause will include basic pay in the existing scales as on the date of change over to the revised scale including the increments, if any accruing on such date in the existing scale. (Stagnation increments shall also be reckoned for this) (b) Dearness Allowance admissible at the rate of 64% on basic pay and personal pay, if any. (c) HRA will be @ Rs.125 p.m.(Rupees one hundred and twenty five) (d) If the amount arrived at, under rule above is more than the maximum of the revised scale, the pay shall be fixed at the maximum of the revised scale and the difference shall be treated as personal pay and it will not be absorbed in future increase in pay on account of granting increments. This personal pay will count for all purposes viz: fixation of pay. This personal pay will count for all purposes viz: fixation of pay. (e) An employee can exercise option to come over to the revised scale of pay with effect from 01.07.2009 or with effect from any subsequent date up to one year from the date of issuance of this order. (f) The option in writing is to be exercised within a period of 3 months from the date of this order revising the scales of pay. If no option is exercised within the said period of 3 months, the date of effect of pay revision order i.e.: 01.07.2009 shall be treated as the date of option and the officer competent to fix his/her pay is to proceed accordingly. No subsequent option shall be entertained. (g) Step up of pay will not be allowed under any circumstances. (h) The next increment of an employee whose pay has been fixed on the revised scale of pay shall accrue on completion of one year from the date of option. The above formula will be applicable to the present pay revision only (in order to avoid the drop in pay) and it will not be quoted as a precedent for future pay revision. V. For those who joined as SLR worker in between 01.07.2004 and 30.06.2009, their pay will be calculated as Revised pay + Existing basic pay + 64% of DA. And HRA of Rs.125 per month They are not eligible for any other benefits and allowances. Conditions I to III above are also applicable. VI. For those who are appointed as SLR workers on or after 01.07.2009, if any, are eligible for basic pay and DA (as applicable to State Government Employees) only. They are not eligible for any other kinds of benefits/allowances as applicable to State Government Employees and fixation benefits in the future pay revisions. VII. Since SLR employees do not come under GPF pay revision arrears will be paid in cash. VIII. No grade promotion scheme will be applicable to SLR workers. IX. No other allowances/benefits will be applicable to SLR workers. X. As SLR workers are not regular State Government employees, leave rules in KSRs are not applicable to them. Hence they are not entitled to Half Pay Leave, Commuted leave, Earned leave, Surrender of Earned leave, LWA etc as admissible under KSRs. XI. Any further modification ordered in continuation of G.O.(P) No.85/11/Fin. X. As SLR workers are not regular State Government employees, leave rules in KSRs are not applicable to them. Hence they are not entitled to Half Pay Leave, Commuted leave, Earned leave, Surrender of Earned leave, LWA etc as admissible under KSRs. XI. Any further modification ordered in continuation of G.O.(P) No.85/11/Fin. dated 26.02.2011 will not be applicable to SLR workers. XII. In future all appointments/promotions/category changes as SLR workers should be made only with the prior concurrence of Govt. XIII. The controlling officers concerned will be held responsible for any kind of violation of above conditions while implementing the order. 4. The Chief Engineer, PWD (Admn) and the Chief Engineer (Irrigation and Administration) will forward a staff index of existing SLR employees incorporating the details such as date of birth, date of entry in service, existing and revised salary and allowances, place of work etc., to Government for approval immediately. The Chief Engineers concerned shall ensure that the pay revision will be implemented only after getting the staff index approved by Government. 5. The judgment of the Hon'ble High Court in W.P.(C) No.15219/11 is complied with accordingly. By Order of Governor T.O.Sooraj Secretary to Government” 15. Proceedings of the Works Manager, Alappuzha, addressed to the District Treasury Officer, Alappuzha, dated 03.05.2017 (Exhibit-P2) makes it clear that Government have taken a decision to grant ex-gratia to dry dock workers in the year 1968, in lieu of the bonus and issued G.O(M.S) No.88-68 PW dated 06.04.1968. The bonus given in the year 1968 was 4%. Therefore, Government have decided ex-gratia at par with the minimum bonus of 4% granted to those, who are eligible. Subsequently, in the year 1973, when the Payment of Bonus Act, 1965 was amended, bonus awarded was modified as 8.33%. On the representation of PWD dredger and dry dock workers' union, Government have issued G.O.(MS) No.67/77/PW dated 23.06.1977 extending ex-gratia to non-gazetted executives and ministerial staff of Dry Dock Workshop at Alappuza, at the rate which prevailed during that time. 16. Perusal of Exhibit-P2 proceedings would further disclose that in the years 1973-74 and 1974-75, the minimum bonus was 8.33% and accordingly, ex-gratia was fixed at 8.33%. Reading of the G.O.(MS) No.67/77/PF dated 23.08.1977 (Exhibit-P1) further discloses that between 1975-76 and 1976-77, the bonus which prevailed during the relevant period was 4%. 16. Perusal of Exhibit-P2 proceedings would further disclose that in the years 1973-74 and 1974-75, the minimum bonus was 8.33% and accordingly, ex-gratia was fixed at 8.33%. Reading of the G.O.(MS) No.67/77/PF dated 23.08.1977 (Exhibit-P1) further discloses that between 1975-76 and 1976-77, the bonus which prevailed during the relevant period was 4%. What is stated in the Government order dated 23.08.1977 is the extension of Government policy to grant ex-gratia to the non-gazetted executives and ministerial staff of the Dredger and Dry Dock Workshop, Alappuzha, from the year 1977-78 onwards and while doing so, Government have referred to the rate of ex-gratia, at par with the minimum bonus which prevailed in 1977. 17. Communication dated 03.05.2017, further shows that since 1968, ex-gratia has been granted to the SLR skilled workers in Dry Dock Workshop, at the rate of minimum bonus, which prevailed each year, and also depending upon the amendment to the Payment of Bonus Act. For nearly 49 years, the percentage of ex-gratia was at par with the bonus, prevailing in each year. Contention of the writ petitioner that from 1977-78, bonus was fixed at the rate of 8 1/3 as per the Amended Act and continued to be followed till 2016, is not disputed. G.O.(MS) No.80/2012/PWD dated 27.10.2012, applied by the Human Rights Commission in the order impugned before us appears to have been issued pursuant to the direction of this Court in the judgment dated 07.06.2011 in W.P.(C) No.15219 of 2011, wherein the representation of SLR workers of Public Works Department and Water Resources Department to revise the pay at par with that of Last Grade Servants of the State Government, was directed to be considered. 18. G.O(Ms) No.80/2012/PWD dated 27.10.2012 deals with the revision of pay. Clause IX of the said G.O. speaks about allowances/benefits. Said Government order has to be interpreted in the light of what is considered, i.e., pay and other allowances applicable to SLR workers of the Public Works and Water Resources Departments. “Allowance” would not, at any rate, fall under the term “ex-gratia”, which reads hereunder: “Ex-gratia in Latin is 'by favour' or 'out of goodwill'. Something has been done, ex-gratia, it has been done voluntarily, out of kindness or grace. In law, ex-gratia payment is a payment made without the giver recognising any liability or legal obligation.” 19. “Allowance” would not, at any rate, fall under the term “ex-gratia”, which reads hereunder: “Ex-gratia in Latin is 'by favour' or 'out of goodwill'. Something has been done, ex-gratia, it has been done voluntarily, out of kindness or grace. In law, ex-gratia payment is a payment made without the giver recognising any liability or legal obligation.” 19. In our considered opinion, the abovesaid Government order is not applicable to SLR skilled workers in Dry Dock Workshop under the Executive Engineer, Irrigation (Mechanical Division), Alappuzha. 20. Ex-gratia has already been granted at 8.33% upto the year 2016-17, and subsequently, consequent to the setting aside of the order and in the light of the discussion, petitioner is entitled to ex-gratia at the rate of 8.33% or in other words, the same amount equivalent to that of bonus paid to others. 21. What remains to be considered is payment of the differential amount representing the balance of 4.33%, which ought to have been given. Respondents are directed to work out the amount representing the balance of 4.33% of ex-gratia and disburse the same to the petitioner and others, who are similarly placed. In the light of the above discussion, we are of the view that G.O.(MS) No.80/2012/PWD dated 27.10.2012 is misapplied to the case on hand. Order made in HRMP Nos.6759/2018 & 6977/2018 dated 22.10.2018 is set aside. Writ petition is accordingly, allowed.