IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 21708 of 2008(S) -------------------------- OA.786/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF ANIMAL HUSBANDARY & DAIRYING, MINISTRY OF AGRICULTURE, NEW DELHI. 2. THE SECRETARY, DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, NEW DELHI. 3. THE DIRECTOR GENERAL, FISHERY SURVEY OF INDIA, BOTAWALA CHAMBERS, SIR P.M. ROAD, MUMBAI 400 001, 4. ZONAL DIRECTOR, FISHERY SURVEY OF INDIA, COCHIN BASE. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: ------------- 1. CENTRAL GOVERNMENT FISHING SEAMEN'S ASSOCIATION,FSI COMPLEX, KOCHANGADI P.O., P.B. NO. 853, KOCHI - 682 005,REPRESENTED BY ITS JOINT SECRETARY SRI SANTHOSH KUMAR P.K., S/O P.K. KUMARAN, AGED 49 YEARS, EMPLOYED AS SENIOR DECKHAND, FISHERIES SURVEY OF INDIA, KOCHI 682 005 2. SRI. P. SUGUNAN, S/O P.A. PADMANABHAN, AGED 53 YEARS, EMPLOYED AS SR.DECKHAND, FISHERY SURVEY OF INDIA, KOCHANGADI, KOCHI -5, RESIDING AT SHEEJA BHAVNAM, PANMANA P.O.,KOLLAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.21708 OF 2008 -------------------------------------- Dated this the 11th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are the respondents in O.A.No.786/2005. The respondents were the applicants. The dispute that arose for resolution before the C.A.T., Ernakulam Bench in that O.A. was regarding continued payment of mess allowance to floating staff under the writ petitioners 3 and 4. The Tribunal disposed of the O.A. with the following directions: “12. In view of the above, this O.A. is disposed of with a direction to the parties to make out proper case in conformity with the guidelines or drill, if any prescribed by the Pay Commission and the Pay Commission is requested to consider the case of the applicants. If any of the members of the Expert Committee which has made its recommendations in this case happens to be a part of the Pay Commission, he may disassociate himself from the deliberation. 13. Till such time the Commission affords its recommendations and the Government arrives at a decision thereof, Order dated 21.04.2004 vide Annexure A4 would be in force and followed.” W.P.(C) No.21708/2008 2 2. This writ petition is filed challenging the above directions issued by the C.A.T as per Ext.P6 order in the above said O.A. Though several contentions were taken, the main ground urged before us is regarding the direction issued by the C.A.T to continue the payments as per Annexure A4 till the matter is decided by the Pay Commission. 3. We think, going by the pleadings in the writ petition, the above grievance raised by the writ petitioners is untenable. In the writ petition, the petitioners have pleaded as follows: “In 1982, High Sea Allowance was introduced to be paid to the Floating Staff of the Government of India to compensate for the rigor of high sea voyages. Thus from the year 1982 onwards, the Floating Staff were paid High Sea Allowance (HSA) simultaneously with the Messing Allowance (MA). Messing Allowance was further enhanced in the year 1993 and continued to be paid along with High Sea Allowance. The 5th Central Pay Commission in paragraph 68.27 of its report recommended abolition of High Sea Allowance to Floating Staff and payment of Daily Allowance (DA)in lieu there of. The report of the 5 th Pay Commission did not however interfere with the continuance of payment of Messing Allowance to the Floating Servants. It only stated that if free food is provided on board, normal deduction would apply. The Government of India accepted the report of the 5th Pay Commission without any amendments to its paragraph 68.27. However the 1st petitioner by an order W.P.(C) No.21708/2008 3 dated 12.4.2001 issued purportedly in implementation of the 5th Central Pay Commission's recommendations, directed to withdraw Messing Allowance along with High Sea Allowance to the Floating Staff including Scientific and Technical Staff of Fishing Survey of India.” Going by the above pleadings, it is evident that the 5th Pay Commission did not interfere with the continued payment of Messing Allowance to the floating staff. If that be so, the direction of the C.A.T to maintain the said payment till the next Pay Commission takes a decision cannot be faulted. Therefore, this writ petition is not maintainable. Accordingly, it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps