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 WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 4517 of 2005(S) ------------------------- OA.476/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ K.GOPI, AGED 51 YEARS, S/O. KUTTAN, REFRIGERATION ENGINEER, INTEGRATED FISHERIES PROJECT, KOCHI-16, RESIDING AT QUARTERS NO.6, INTEGRATED FISHERIES PROJECT QUARTERS, KOCHI-16. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR SRI.B.SOMADASAN RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF AGRICULTURE, DEPARTMENT OF ANIMAL HUSBANDRY & DAIRYING, KRISHI BHAVAN, NEW DELHI. 2. THE SECRETARY, MINISTRY OF PERSONNEL PUBLIC GRIEVANCES & PENSION, DEPARTMENT OF PERSONNEL & TRAINING, NEW DELHI. 3. THE DIRECTOR-IN-CHARGE, INTEGRATED FISHERIES PROJECT, KOCHI-16. 4. THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. BY ADV. SRI.E.S.MUHAMMED KABIR, ADD.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE O.ANO. 476 OF 2002 DATED 3.7.2002 ALONG WITH ANNEXURES FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 TRUE COPY OF THE M.A. DATED 9.11.2004 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P3 TRUE COPY OF THE REPLY STATEMENT DATED 25.11.2002 OF THE RESPONDENTS. EXT.P4 TRUE COPY OF THE REJOINDER DATED 31.7.2004 FILED BY THE PETITIONER. EXT.P5 TRUE COPY OF THE ORDER DATED 29.11.2004 IN O.A.NO. 476 OF 2O02 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P6 TRUE COPY OF THE ORDER NO. 5-16/2002- FY (T.5) (1) DATED 19.5.2005 OF THE MINISTRY OFAGRICULTURE. EXT.P7 TRUE COPY OF THE G.S.R. 166 DATED 30.7.2007 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 4517 OF 2005 -------------------------------------------- Dated this the 26th day of March, 2008 JUDGMENT T.R. Ramachandran Nair,J. Aggrieved by the rejection of the O.A., petitioner has filed this Writ Petition. Petitioner sought for the benefit of first financial higher grade under the ACP scheme. That was denied as he was only a diploma holder. The Tribunal also rejected his claim. While this Writ Petition was pending, Central Government has published the Fishery Survey of India (Mechanical Marine Engineer) Recruitment Rules, 2007. According to the petitioner, as a result of the amendment persons like him who are only diploma holders will get either promotion to the post of Mechanical Marine Engineer or the financial upgradation in the scale of Rs. 10,000-15200 applicable to the post of Mechanical Marine Engineer. Therefore petitioner seeks permission to file appropriate representation before the competent authority. In the light of the amendment to the Rules, petitioner is at liberty to file appropriate representation seeking the benefit, if any available, and the 2 order of the CAT will not stand in the way of considering his claim in accordance with the amended rules. With the above direction, this Writ Petition is disposed of. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3