IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 25887 of 2004(F) -------------------------- PETITIONER(S): --------------- 1. RAMANNA, PUBLICITY ASSISTANT (KANNADA) SPICES BOARD, P.B.NO.2277, COHIN-682 025. 2. V.SREEKUMAR, PUBLICITY ASSISTANT (MALAYALAM) SPICES BOARD, P.B.NO.2277, COCHIN-682 025. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF COMMERCE & INDUSTRY, UDYOG BHAVAN, NEW DELHI-110 011. 2. CHAIRMAN, SPICES BOARD, P.B.NO.2277, COCHIN-682 025. 3. SECRETARY, SPICES BOARD, P.B.NO.2277, COCHIN-682 025. ADV. SRI.JOSEPH MARKOSE (SR.) FOR R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25887 of 2004 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE EXTRACT OF SPICES BOARD RECRUITMENT RULES. EXT.P2- TRUE COPY OF THE ORDER REGARDING DELEGATION OF DUTIES AND RESPONSIBILITIES OF STAFF MEMBERS IN PUBLICITY DEPARTMENT, SPICES BOARD EXT.P3- TRUE COPY OF THE CERTIFICATE NO.ADM/PER/3/94 DATED 22.12.00 ISSUED BY SPICES BOARD EXT.P4- TRUE COPY OF THE FRONT PAGE OF SPICES MARKET WEEKLY (KANNADA) ALONG WITH ITS ENGLISH TRANSLATION DATED 17.7.04 EXT.P5- TRUE COPY OF THE FRONT PAGE OF SPICES MARKET WEEKLY DATED 11.1.04 EXT.P6- TRUE COPY OF THE 2ND PAGE OF SPICES INDIA (MALAYALAM) FOR THE MONTH OF JULY,97 EXT.P7- TRUE COPY OF LETTER ISSUED BY THE 1ST PETITIONER IN THE LETTER HEAD OF THE SPICES BOARD ALONG WITH ITS ENGLISH TRANSLATION. EXT.P8- TRUE COPY OF LETTER ISSUED BY THE 2ND PETITIONER IN THE LETTER HEAD OF THE SPICES BOARD EXT.P9- TRUE COPY OF THE NOTE NO.PUB/ADM/05/01/PUBLICITY ISSUED BY THE DEPUTY DIRECTOR, PUBLICITY DATED 29.7.04 EXT.P10- TRUE COPY OF THE EXTRACT OF THE RECOMMENDATIONS OF VTH CENTRAL PAY COMMISSION. EXT.P11- TRUE COPY OF THE EXTRACT OF THE SCHEDULE OF CCS (REVISED PAY) RULES. EXT.P12- TRUE COPY OF MEMO NO.ADM/REP/4/96/841 DATED 23.12.97 ISSUED BY THE SPICES BOARD EXT.P13- TRUE COPY OF HTE REPRESENTATION OF THE 1ST PETITION TO THE SECRETARY, SPICES BOARD DATED 2.11.00 EXT.P14- TRUE COPY OF THE MEMORANDUM NO.ADM/REP(4) 96 DATED 19.7.00 ISSUED BY THE SPICES BOARD. (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).25887/2004 -------------------- Dated this the 13th day of January, 2009 JUDGMENT Petitioners are working as Publicity Assistants in Spices Board. Their pay scale at the time of filing the writ petition was Rs.4500-7000/-. Their grievance arose from the denial of appropriate pay scale of Rs.5500-9000/-, on a parity with the Editorial staff in the Central Government Department, as recommended by the Vth Pay Commission. Reference is made in this regard to the recommendations of Vth Central Pay Commission as Ext.P10, recommending the revised of pay scale of Rs.5500-9000/- for the Editorial staff in the Central Government Department. It seems that the Spices Board had recommended for a similar scale of pay adopted in relation to the Publicity Assistants. Going by the counter affidavit filed by the Spices Board, it cannot be said that there is an absolute parity in the nature of duties discharged by the Editorial staff in the Central Government Department, and the duties discharged W.P.(C).25887/2004 2 by the Publicity Assistants in the Spices Board. Their operations are rather restricted. It seems that the petitioners moved the Spices Board for taking appropriate action to see that the recommendations made in relation to the Editorial staff in Ext.P10 is straight away adopted in the case of Publicity Assistants in the Spices Board. It would be appropriate that the petitioners move the Central Government. 2. I heard learned counsel for the petitioners Smt.Sumathi Dandapani and learned Standing Counsel for the respondents Mr.Joseph Kodianthara. 3. In view of the fact that the Spices Board earlier recommended adoption of the pay scale as recommended for the Editorial staff in the Central Government Department, in relation to the Publicity Assistants in the Spices Board, it is only appropriate that the petitioners’ case be reconsidered by the Central Government. Accordingly, Spices Board shall forward W.P.(C).25887/2004 3 Ext.P13 representation to the Central Government within one month from the date of receipt of a copy of this judgment and it shall be treated as a representation by similarly situated persons also. Central Government shall, after notice to the petitioners and the Spices Board, take a decision thereon, within two months from the date of receipt of representation. Writ petition is disposed of as above. V.GIRI, Judge mrcs