IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 1261 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.4522/2007 Dated 03/01/2008 .................... APPELLANT(S): 2ND AND 3RD PETITIONERS IN WPC: --------------------------------------------- 1. K.GANGADHARAN, SUPERINTENDENT OF SURVEY AND LAND RECORDS (RETIRED), SURVEY AND LAND RECORDS(RANGE), WADAKANCHERRY, THRISSUR, KURUPPATH HOUSE, PATTOLA P.O., MANAPPADOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. K.MOHANA DASAN, SUPERINTENDENT OF SURVEY AND LAND RECORDS (RETIRED), RANGE SURVEY SUPERINTENDENT OFFICE, WADAKANCHERRY, THRISSUR, SREE NILAYAM, VIYYUR P.O. THRISSUR. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): RESPONDENTS 1 TO 3 IN WPC: ----------------------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E), ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY AND LAND RECORDS, DIRECTORATE OF SURVEY, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.N.MANOJKUMAR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, ALONG WITH WA NO. 1397 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. Nos.1261 & 1397 of 2008 ---------------------------------------------- Dated 6th February, 2009. J U D G M E N T Kurian Joseph, J. A few of the writ petitioners have come up in appeal. The issue pertains to the request made by the writ petitioners for reoption and higher grade, in terms of 1983 pay revision. According to the writ petitioners, Ext.P15 communication by the Government stood in the way of the writ petitioners enjoying the benefit referred to above, which has been granted in the case of several similarly situated persons. The learned Single Judge declined to interfere with Ext.P15 communication stating that Ext.P15 does not in any way adversely affect the interests of the writ petitioners, and hence the appeals. During the pendency of the appeals, the appellants have produced Annexures A1 to A4 pay fixations, which would indicate that similarly situated persons have been given the benefit of reoption and higher grade, as claimed by the writ petitioners. In that view of the matter, we do not think that we should go in detail to the merits of the various contentions taken by the parties, since the learned counsel for the appellants submits that a similar treatment may be directed WA NOS.1261 & 1397/08 2 to be given to the appellants also, and that they have no other grievances. In the above circumstances, without going to the merits of the various contentions taken by the parties, we dispose of the writ appeals directing the respondents to consider the case of the petitioners also in the light of Annexures A1 to A4 and extend such benefits to them, in case the petitioners are similarly situated. The needful shall be done within a period of two months from the date of production of a copy of the judgment. I.A.No.756/08, 861/08 & 899/08 in W.A.1261/08 : Dismissed. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. Nos.1261 & 1397 of 2008 ---------------------------------------------- J U D G M E N T Dated 6th February, 2009.