IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 35814 of 2004(L) ------------------------------------- PETITIONER(S) : ---------------------- 1. ALEXANDER ZACHARIAS, INSTRUCTOR-INCHARGE OF PRINCIPAL, FOOD CRAFT INSTITUTE EXTENSION CENTRE, KOZHIKODE. 2. JACOB MATHAN JACOB, INSTRUCTOR INCHARGE OF PRINCIPAL, FOOD CRAFT INSTITUTE EXTENSION CENTRE, THIRUVANANTHAPURAM. BY ADVS. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.V.V.MATHEW RESPONDENT(S) : ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. SECRETARY TO GOVERNMENT, (CHAIRMAN FOOD CRAFT INSTITUTE(KERALA) SOCIETY), DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 023. 4. FOOD CRAFT INSTITUTE (KERALA) SOCIETY, REPRESENTED BY SECRETARY, FOOD CRAFT INSTITUTE (KERALA) SOCIETY, KALAMASSERY, ERNAKULAM-683 104 5. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF FOOD, AGRICULTURE, COMMUNITY DEVELOPEMENT AND CO-OPERATION (DEPARTMENT OF FOOD) NEW DELHI. R1 TO R3 BY GOVT. PLEADER SRI. REJI JOSEPH. R4 BY SENIOR ADV. SRI.N.N.SUGUNAPALAN. R5 BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO. 35814/2004 APPENDIX PETITIONER(S) ESHIBITS : EXT. P1 : COPY OF THE ORDER NO.C-39/94/389 DATED 20.04.1994 OF THE 4TH RESPONDENT. EXT. P2 : COPY OF THE REPORT OF TRANSFER OF CHARGE DATED 30.04.1994. EXT. P3 : COPY OF ORDER NO.C-18/95/370 DATED 17.04.1995 OF THE 4TH RESPONDENT. EXT. P4 : COPY OF REPORT OF TRANSFER OF CHARGE DATED 27.04.1995 EXT. P5 : COPY OF REPRESENTATION DATED 14.03.1996 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT. EXT.P6 : COPY OF THE REPRESENTATION DATED 14.12.1998 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DATED 16.08.01 OF THE FIRST PETITIONER ADDRESSED TO THE 3RD AND 4TH RESPONDENTS. EXT. P8 : COPY OF THE REPRESENTATION DATED 9.10.03 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P9 : COPY OF THE REPRESENTATION DATED 13.10.03 OF THE 2ND PETITIONER ADDRESSED TO THE 4TH RESPONENT. EXT. P10 : COPY OF THE REPRESENTATION DATED 23.04.04 OF THE FIRST PETITIONER ADDRESSED TO THE 2ND RESPONDENT. EXT. P11 : COPY OF THE JUDGEMENT DATED 14.08.2000 IN OP.NO.4251 OF 1991-F. EXT.P12 : COPY OF G.O.(RT)NO.749/03/PWD DATED 4.08.03. RESPONDENT'S EXHIBITS : NIL / TRUE COPY / P..A. TO JUDGE NS B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.35814 of 2004 - - - - - - - - - - - - - - - - Dated this the 24th day of October, 2011. JUDGMENT The petitioners who are instructors in charge of Principal in the Food Craft Institute (Kerala) Society, have filed this writ petition with the following prayers: 1. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to appoint/regularise the petitioners in the post of Principal in FCI Society with effect from the date from which they are holding full additional charge in the post of Principal with all attendant benefits; or 2. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to sanction and pay special pay/additional pay/charge allowance not less than 20% of the basic pay for holding full additional charge in the post of Principal for the period from 28.07.1995 and 01.08.1994 respectively onwards, with 12% interest per annum thereon from the dates from which it is due. The learned counsel for the petitioner states that he is not pressing the first prayer and that by judgment dated 14.08.2000 in O.P. No. 4251 of 1991, a Division Bench of this Court held that the petitioners are entitled to charge allowance at the rate of 20% of their basic pay. The petitioners shall make a representation to the first respondent along with a copy of the judgment. If such a representation is filed within six weeks from today, the first respondent shall dispose of the same within three months from the date of receipt of the representation after giving personal hearing to the petitioners. W.P.(C) No. 35814/2004 -:2:- 2. The learned counsel for the 4th respondent submits that some charge allowance has been paid to the petitioners. If that be so, the same shall be deducted while finalising the matter. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 35814/2004 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT