IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WA.No. 2360 of 2007() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24902/2005 Dated 20/06/2007 .................... APPELLANT: RESPONDENTS IN WP(C); --------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FISHERIES & PORTS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF FISHERIES, KOTTAYAM. 4. THE DEPUTY DIRECTOR OF FISHERIES(ZONAL), ERNAKULAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENT: PETITIONER IN WP(C): ------------------------- P. VASU, S/O. CHERIYATH, AGED 52, BOAT DRIVER, O/O. THE DEPUTY DIRECTOR OF FISHERIES, ERNAKULAM (RESIDING AT PERUVELETH HOUSE P.O. OCHANTHURUTHU, PUTHU VYPIN. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- W.A. No. 2360 of 2007 --------------------------------------- Dated this the 25th day of August, 2008 Judgment Koshy,J. Petitioner is a boat driver in the Fisheries Department. He joined the department in 1993. Owing to dearth of vacancies, he was retrenched from service in 1994 and re-appointed in 1997. He retired from service in 2007. He was working in the category of Driver Grade II in the scale of pay of Rs.2750-4625 as per the 1997 pay revision order. Grade I driver was in the scale of pay of Rs.3050-5230. Accordingly, petitioner's salary was re-fixed by Ext.P2. Ext.P2 is implemented by Ext.P3, By Exts.P4 and P5 Government wanted to take away the benefit granted stating that Ext.P1 is applicable only to Drivers Grade I and II and not to Motor Boat Driver Grade I and II. It is true that Motor Boat Driver Grade I and II and Driver Grade I and Grade II are separately mentioned in the Pay Revision Order. But, the scale of pay of Driver Grade II and Grade I and Motor Boat Driver Grade I and Grade II are one and the same throughout. Before pay revision, Driver Grade II was in the scale of pay of Rs.825-1450. It was revised to Rs.3050-5230. Same W.A.No.2360/2007 2 was the case of Motor Boat Drivers also. At the same time, a higher fixation was given to Grade II drivers in both categories. Even though starting pay was fixed as Rs.2750 in the pay revision order it was stated that they will start at Rs.2,820/-. Ext.P1 order was issued considering the representations. Therefore, scale of pay as per Ext.P1 was given to Driver Grade II throughout and Motor Boar Drivers were paid equal salary as the scales of pay were one and the same. It is submitted by the petitioner that Motor Boat Drivers in Police Department etc. are also given the same pay and the learned single Judge found that a different view cannot be adopted in Fisheries Department and there is no justification for issuance of Ext.P4 proposing to recover the pay as fixed in terms of Exts.P1, P2 and P3. We fully agree with the views of the learned single Judge. Appeal dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No.2360/2007 3 W.A.No.2360/2007 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A. No.2360/2007 ------------------------------------- Judgment Dated:25th August, 2008