IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21919 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ 1. A.SHAJAHAN,FIRST GRADE DRAFTSMAN, WATER RESOURCES DEPARTMENT,L.S.G.D.SUB DIVISION, KARUNAGAPPALLY,KOLLAM DISTRICT. 2. JYOTHIS CHANDRAN.G,FIRST GRADE DRAFTSMAN L.S.G.D,O/O.THE CHIEF MANAGER,L.S.G.D, THIRUVANANTHAPURAM. 3. SIBY.A.P,ASSISTANT ENGINEER,L.S.G.D, BLOCK DEVELOPMENT OFFICE, ERATTUPETTA. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTD BY THE SECRETARY,FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER,L.S.G.D, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010, ALONG WITH WPC NO. 21920 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21919/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 15.6.09 IN WPC. 23518/2008. P2:- COPY OF THE REPRESENTATION FILED BY THE IST PETITIONER BEFORE THE RESPONDENTS 2 & 3 DTD. 2.7.09. P3:- COPY OF THE FILED BYTHE 2ND PETITIONER DTD. 4.7.09. P4:- COPY OF THE 3RD PETITIONER DTD. 10.7.09. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NOs. 21919 & 21920 OF 2009 (H) =========================== Dated this the 9th day of July, 2010 J U D G M E N T The issue raised in these writ petitions is regarding the validity of the cancellation of the pay fixation given to the petitioners extending the benefit of Clause 7(2) of Annexure 2 of the 8th Pay Revision Commission Report. 2. Similar issue was decided by this Court in favour of the petitioners in the judgment dated 25th of May 2010 in WP(C) No.17339/09 and connected cases. Since the issue is thus covered in favour of the petitioners, these writ petitions are also disposed of setting aside the orders cancelling the pay fixation and directing that the petitioners be extended the pay as applicable to the Assistant Engineers. It is also directed that consequential benefits shall also be disbursed within two months. ANTONY DOMINIC, JUDGE Rp