IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23076 of 2004(V) -------------------------- PETITIONER(S): --------------- V.G.AUGUSTINE, RETIRED JAIL WARDEN, S/O.GEORGE, AGED 65 YEARS, VADASSERY HOUSE, CHELAMATTOM, OKKAL P.O. PERUMBAVOOR. BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF PRISONS, O/O.INSPECTOR GENERAL OF PRISONS, POOJAPPURA, THIRUVANANTHAPURAM. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE(PRISON), THIRUVANANTHAPURAM. MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23076/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CONFIRMATION LIST / SENIORITY LIST AS ON 01/01/1991 DATED 20/05/1991. P2 : COPY OF G.O.(P) NO.480/89 FIN DATED 1/11/1989. P3 : COPY OF REPRESENTATION DATED 09/12/1996. P4 : COPY OF JUDGMENT OF THE HONOURABLE COURT IN O.P.NO.9885/98 DATED THIS 26TH DAY OF JUNE, 1998. P5 : COPY OF ORDER DATED 29/09/1998. P6 : COPY OF JUDGMENT DATED 08/02/02 IN O.P.NO.8299/99 OF THE HONOURABLE HIGH COURT OF KERALA. P7 : COPY OF ORDER DATED 20/12/2002. P8 : COPY OF PROVISIONAL SENIORITY LIST OF WARDER-STAFF IN II UNIT (TRICHUR, ERNAKULAM & KOTTAYAM AS ON 31/12/1983. P9 : COPY OF G.O.(MS) NO.511/90/(65)/Fin. DATED 12/10/1990. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23076 of 2004 (V) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T Petitioner's grievance is regarding the alleged disparity in wages between Head Warder and Matron Grade II and Assistant Jailor and Matron Grade I. The Government by Ext.P7 order 20/12/2002 rejected the request for parity and informed the petitioner that aggrieved parties or their Service Associations can bring the issue before the Pay Commission at the appropriate time. 2. In the writ petition, this Court by order dated 02/02/2009 directed the Government Pleader to obtain instructions whether the issue has been referred to the Pay Commission. The learned Government Pleader has obtained instructions and submits that neither the petitioner nor any of the Service Associations have taken up the issue before the Pay Commission. It is stated that if the petitioner or the Service Association takes up the matter before the 8th Pay Commission, which is currently in office, the Commission will consider the claim. WP(C) No.23076/2004 -2- In the light of the above, I direct that it will be open either to the petitioner or any of the Service Associations to take up the grievance noted above before the 8th Pay Commission in which event needful shall be done by the Commission in accordance with law. This writ petition is disposed of with the above direction. (ANTONY DOMINIC, JUDGE) jg