IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18608 of 2010(A) -------------------------- PETITIONER(S): --------------- KERALA INDUSTRIAL TRAINING DEPARTMENT TECHNICAL STAFF ORGANISATION, REPRESENTED BY ITS GENERAL SECRETARY, G.RAJAN ACHARI, GROUP INSTRUCTOR, I.T.I., CHANDANATHOPPU, KOLLAM-14. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR & REHABILITATION(C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF EMPLOYMENT & TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING, THYCAUD, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, 9TH PAY REVISION COMMISSION, LEGISLATURE COMPLEX, THIRUVANANTHAPURAM. BY G.P.SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18608 of 2010 (A) --------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T The alleged disparity in the matter of pay between Group Instructors and Assistant Engineers working in ITIs is what is complained of in the writ petition. 2. The petitioner submits that during the period 1974- 1988 these two categories were governed by uniform scales of pay and that since 1989 onwards, different pay scales have been introduced. The introduction of the different pay scales as above is complained to be of discriminatory nature and therefore rectification is sought for by making representation. 3. Admittedly, different pay scales for these two categories of employees have been introduced by virtue of the recommendations made by the Pay Revision Commission, which were accepted by the Government from time to time. Therefore these scales have been recommended by experts and after due application of mind the Government have accepted such different WP(C) No.18608/2010 -2- pay scales. These two different pay scales have been holding the field from 1989 onwards. Therefore, unless there are strong and compelling reasons, this Court will not be justified in passing any order, which have the effect of upsetting the scales of pay now prevailing. This is precisely what the petitioner is seeking by filing Ext.P2 representation. Having regard to the above, this Court will not be justified in interfering with the same directing consideration of the representation filed by the petitioner. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg