IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 36904 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. B.RADHAKRISHNAN NAIR, TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 2. T.VALSAN, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 3. T.P.ABDUL HAKHIM, TECHNICAL ASSISTANT GRADE IV, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 4. K.ABOOBAKER, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 5. M.BEERAN, TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 6. M.T.ANIL KUMAR, TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 7. V.SUNDARARAJAN, TECHNICAL OFFICER GRADE III, WP(C).No. 36904 of 2009(G) CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 8. M.K.JAYAKANNAN, TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 9. P.VASANTHA, TECHNICAL ASSISTANT GRADE IV, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 10. DR.T.K.JALAJA, SCIENTIST B, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 11. K.MADHAVAN, SCIENTIST B, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 12. C.PATHUTTY, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 13. A.KABEER, TECHNICAL ASSISTANT GRADE IV, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 14. E.G.SOMAN, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 15. NIRMALA STEEPHAN, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 16. E.ABDUL HAMEED, TECHNICAL OFFICER GRADE III, WP(C).No. 36904 of 2009(G) CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM,KOZHIKODE-673 571. 17. ITTOOP K.G., TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 18. K.I. JOSE, TECHNICAL OFFICER GRADE III, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 19. K.M.JAYAPRASAD, TECHNICAL OFFICER GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,KUNNAMANGALAM,KOZHIKODE-673 571. 20. K.BABU, RETD. TECHNICAL OFFICER GR-III, CWRDM, KALPPAKAM, KOTTAMPARAMBA P.O., KOZHIKODE-8. 21. M.KOUSALLIA, RETD. TECHNICAL ASSISTANT GR-IV, CWRDM, SIVAPURI, P.M.NAMBIAR ROAD, ASOKAPURAM, KOZHIKODE-I. 22. P.JAGANATHAN, RETD. TECHNICAL OFFICER GR-III, CWRDM, KEERTHANAM, ILLATHUTHAZHAM, TEMPLE GATE P.O., THALASSERY. 23. P.PARVATHY, RETD. TECHNICAL ASSISTANT GR-IV, CWRDM, "SOORYA", CHELIYA P.O., QUILANDY, KOZHIKODE-673 306. 24. V.P.SASEENDRAN, RETD. TECHNICAL OFFICER GR-II, CWRDM, "SISIRAM", KOZHIKANNATHPARAMBA, MAYANADU P.O., KOZHIKODE-8. WP(C).No. 36904 of 2009(G) BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, SCIENCE, TECHNOLOGY & ENVIRONMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CENTRE FOR WATER RESOURCES DEVELOPMENT & MANAGEMENT, KUNNAMANGALAM, KOZHIKODE-REP. BY ITS EXECUTIVE DIRECTOR. BY GOVERNMENT PLEADER MR.N.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.36904 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J U D G M E N T The petitioners are Technical Assistants working in the Centre for Water Resources Development and Management (CWRDM for short). The petitioners were all appointed before 16/12/1987 and, at the time of their appointments, they were granted the Central Government scales of pay. Subsequently, the Government decided to make the State Government scales of pay applicable to the CWRDM. However, as per Ext.P1 Government Order, the Government has provided that the present incumbents, who were already provided with the Central Government scales of pay and allowances, may continue to receive them as a special case and that it would be personal to them only. All future recruitments in the said cadres were directed to follow only the State Government scales of pay, allowances and comparable service conditions. 2 W.P.(C)No.36904 of 2009 2. Subsequently, the petitioners claimed arrears of salary on the basis of the pay revision granted to Central Government employees. As per Judgment dated 17/12/2008 in O.P.No.27219/2000, this Court has held that persons like the petitioners are entitled to the said benefits. It was also held that, they are also entitled to the arrears of pay due to them on the basis of such pay revision. The complaint of the petitioner is that in spite of the above, they have not been given the benefits of the Central Government pay revision which is due to them from the year 1998 onwards. Though the CWRDM has issued Ext.P4 proceedings, granting the said benefits to persons who were actually parties to the earlier Writ Petition, in the case of 27 others including the petitioners who were also entitled to the same benefits, the KSCSTE was addressed for permission in this regard. The case of the petitioner is that the Government of Kerala has taken a decision to grant such benefit to the 27 persons also as per Ext.P6. Since the Government has 3 W.P.(C)No.36904 of 2009 already decided to grant benefits claimed by the petitioners and the actual grant of such benefits is under the active consideration of the Government, this writ petition can be disposed of directing the finalisation of the proceedings at an early date. 3. In the circumstances, this writ petition is disposed of directing the first respondent to take a decision regarding the grant of benefits due to the petitioners as per Ext.P1, in the light of Ext.P3 Judgment, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this Judgment. K.SURENDRA MOHAN (JUDGE) nl