IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 23233 of 2005(S) -------------------------- PETITIONERS/RESPONDENTS: ------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF AGRICULTURE, DEPARTMENT OF ANIMAL HUSBANDRY & DAIRYING, KRISHI BHAVAN, NEW DELHI 110 001. 2. THE SECREARY, MINISTRY OF PERSONAL, PUBLIC GRIEVANCES & PENSION, DEPARTMENT OF PERSONNEL & TRAINING, NEW DELHI 110 001. 3. THE DIRECTOR, INTEGRATED FISHERIES PROJECT, KOCHI 16. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: APPLICANT. ----------------------- C.K.RAMESH, S/O.KUTTALAM PILLAI, ASSISTANT ENGINEER(DESIGN), INTEGRATED FISHERIES PROJECT KOCHI 16, RESIDING AT QUARTER NO.I, INTERGRATED FISHERIES PROJECT QUARTERS, KOCHI 16. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF O.A. NO.475/2002 OF THE CAT, ERNAKULAM DT.5.7.2002. P2: TRUE COPY OF REPLY STATEMENT FILED BY PETITIONERS HEREIN IN O.A. NO.475/2002 DT.20.11.2002. P3: TRUE COPY OF ORDER DT.15.3.2005 IN O.A. NO.475/2002 OF THE CAT, ERNAKULAM. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... W.P.(C) No.23233 of 2005 .................................................................... Dated this the 25th day of March, 2008. JUDGMENT C.N.Ramachandran Nair, J. Counsel for the petitioner submitted that the respondent is entitled to higher scale of pay under revised Rules. The prayer is for permission to the petitioner to grant the benefit to the respondent and according to counsel, the benefit so granted under the revised Rules is equal or better than the benefit granted by the Tribunal. If that be so, there is no need for the respondent to rely on the Tribunal's order for higher scale of pay. In the circumstances, we vacate the order of the Tribunal with direction to the petitioner to give the higher scale of pay to the respondent in accordance with the revised Rules. However, since Tribunal's order in favour of the respondent is vacated without considering the merits of the case, we give opportunity to the respondent to move the Tribunal based on fresh grievance if any after revised pay and consequential benefits are granted to him. Since the respondent is already retired, there will be direction to the 2 petitioner to grant all benefits within three months from today. The respondent will produce copy of this judgment for compliance. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms