IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 2007 of 2008() AGAINST THE JUDGMENT IN WPC.24844/2006 Dated 07/01/2008 APPELLANT: RESPONDENT IN THE WP(C) THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. BY SENIOR GOVERNMENT PLEADER SRI. BENNY GERVASIS RESPONDENTS: PETITIONERS IN THE W.P.C 1. C.N.SANKARA KAIMAL, BOAT MASTER, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 2. P. A MOHANDAS, BOAT MASTER, (RETD) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 3. K. K GOPI, BOAT MASTER, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 4. P.J VARGHESE, BOAT MASTER, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 5. V.R PRATHAPACHANDRAN, BOAT MASTER (RETD) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 6. P. K BHADRAN, BOAT MASTER,(RETD),STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 7. K. SUKUMARA PANICKER, BOAT MASTER(RETD), STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 8. P. A JOSEPH, BOAT MASTER(RETD), STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 9. A. C JOSEPH, BOAT MASTER (RETD),STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 10.P.O VAVA, BOAT MASTER (RETD),STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 11.K LALASAN, BOAT MASTER (RETD),STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. BY ADV. SRI.K.JAJU BABU FOR R1TO 11 SMT.M.U.VIJAYALAKSHMI FOR R1 TO R11 SRI.BRIJESH MOHAN FOR R1 TO R11 SRI.T.R.SADEESAN FOR R1 TO R11 SRI.T.S.SHYAM PRASANTH FOR R1 TO R11 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2007 OF 2008 --------------------------------------------- Dated this the 6th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The respondent in the Writ Petition is the appellant. The respondents herein were the writ petitioners. They were working as Boat Masters under the appellant. They were granted the third higher grade in the scale of pay applicable to Traffic Superintendent, pursuant to the decision of this Court in W.P.(C) No. 27447 of 2003. Though a Division Bench of this Court in W.A. No.2677 of 2005 held that they are not eligible to get the scale of pay of Traffic Superintendent, having regard to the facts of that case, did not interfere with the grant of higher grade to them in that scale of pay. The said judgment of the Division Bench has become final also. When pay revision was introduced in 2006, the scale of pay of Traffic Superintendent was revised. But, the appellant denied the benefit of that pay revision to the respondents on the ground that they will be given revised pay scale corresponding to the standard scale of pay that should have been granted to them, but for the judgment in the Writ Appeal. W.A. NO. 2007/2008 2 2. The respondents challenged the said stand of the appellant before this Court and this Court allowed the Writ Petition. By the judgment under appeal, the learned Single Judge held that once the Division Bench allowed the respondents in the Writ Appeal to draw salary in the scale of pay of Traffic Superintendent, they are entitled to get revised pay scale granted to that post from time to time. Feeling aggrieved by the said judgment, this appeal is filed. 3. Once the judgment of the Division Bench in W.A. No.2677 of 2005, a copy of which is produced as Annexure A, has become final, we find nothing wrong with the decision of the learned Single Judge. What was held by this Court is that the respondents therein are entitled to retain the scale of pay of Traffic Superintendent. The subsequent revision of pay of that post cannot modify that declaration made by the Division Bench. In the result, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2007/2008 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.2007/2008 JUDGMENT 6th July, 2009 W.A. NO. 2007/2008 4