IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29046 of 2009(A) -------------------------- PETITIONER(S): --------------- JOY.N.JOHN, SCIENTIST C, CLUSTER DEVELOPMENT CENTRE, CENTRL SILK BOARD, AGALI, PALAKKAD-678 581. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETRIAT,THIRUVANANTHPURAM. 2. KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD, REPRESENTED BY ITS MANAGING DIRECTOR, T.C.14/441, PANCHAPURA LANE, EXTRA POLICE ROAD, VIKAS BHVAN P.O., THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD,T.C.14/441, PANCHAPURA LANE,EXTRA POLICE ROAD, VIKAS BHVAN P.O.,THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN SC SRI. M.K. CHANDRAMOHAN DAS, SC SERIFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009 ALONG WITH WPC NOS.29120/2009 AND 29127/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos.29046,29120 and 29127 of 2009 -------------------------- Dated this the 15th October,2009 J U D G M E N T Petitioners in all these cases were appointed on deputation in the Kerala State Sericulture Co-operative Federatioin Ltd. Subsequently, they have been repatriated to the parent department as such. They have a grievance that the leave salary, pension contribution, provident fund contribution and salary arrears due to them relatable to the period during which they served the 2nd respondent, have not been disbursed to them completely. Their salary in the revised scale of pay has also not been disbursed. Reference will have to be made to Ext.P8, Minutes of the meeting held on 13.7.2009 in the chamber of the Hon'ble Minister for Local Self Government Department. Consequent thereupon, the following decisions were taken. It was inter alia decided that the entire staff of the SERIFED should be transferred to Local Self Government Department with effect from 1.9.2009. It was further decided that SERIFED should be liquidated. W.P ( C) Nos.29046,29120 and 29127 of 2009 2 2. Further decision taken is that the Industries Department will move a file to absorb those persons in the Rural Development Department and Local Self Government Department as the case may be, after getting concurrence from the PSC. Request for enhancement of pay made by the Union Leaders was to be taken separately after the staff join their respective Departments. 3. Heard learned standing counsel for the 2nd respondent also. 4. It is submitted that in the present case, petitioners have joined the parent Department. What remains to be considered is their salary arrears relatable to the period during which they served in the SERIFED on the basis of the revision effected by the Central Government in the case of WPC No.29046 of 2009 and State Government in other two cases. 5. In circumstances where SERIFED itself has been liquidated and Government is to take steps to see that the Staff are accommodated in other two Departments, any claim made by the petitioners in this regard will have to be W.P ( C) Nos.29046,29120 and 29127 of 2009 3 considered by the State Government in the first instance. Petitioners, may, therefore, file a representation before the Secretary, Local Self Government Department along with copy of the judgment and writ petition. Their claim shall be processed and considered and appropriate action taken within three months from the date of receipt of a copy of this judgment. Remarks may be called for from the 3rd respondent by the Government on the representation to be filed by the petitioners before a decision is taken in this regard. Other contentions raised by the petitioners are left open. Writ petitions are disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) Nos.29046,29120 and 29127 of 2009 4 W.P ( C) Nos.29046,29120 and 29127 of 2009 5 W.P ( C) Nos.29046,29120 and 29127 of 2009 6 W.P ( C) Nos.29046,29120 and 29127 of 2009 7