IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10238 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. P.X.VINCY, AGED 57 YEARS, STAFF NURSE, PLANTATION CORPORATION OF KERALA LTD., KALLALA ESTATE, KALADY PLANTATION P.O. 2. SHOBHA.P.R., AGED 38, MIDWIFE, PLANTATION CORPORATION OF KERALA LTD., KALLALA ESTATE, KALADY PLANTATION P.O. 3. K.A.RAVINDRAN, AGED 49, PHARMACIST, PLANTATION CORPORATION OF KERALA LTD., KALLALA ESTATE, KALADY PLANTATION P.O. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (PU) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PLANTATION CORPORATION OF KERALA LTD., KOTTAYAM REP.BY ITS MANAGING DIRECTOR KOTTAYAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH - R1 ADV. SRI. JOSEPH KODIYATHIRA -R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 10238 OF 2010 -------------------------------------------- Dated this the 29th day of March, 2010 JUDGMENT The petitioners are employees of the Plantation Corporation of Kerala Ltd.and they are working respectively as Staff Nurse, Mid-Wife and Pharmacist therein. It is submitted that there are 58 categories of posts in the Corporation as per the staff pattern and barring the aforesaid three categories the employees are getting pay in the scale of pay applicable to the Government employees in the corresponding posts. The said action is therefore, illegal, arbitrary and discriminatory, it is submitted. 2. According to the petitioners, persons working in the similar posts under the government are getting pay in a higher scale of pay. The contention of the petitioners is that the qualifications prescribed and method of appointment to the posts held by them are the same as that of the Government employees holding corresponding posts in Government Departments. The nature of duties attached to the said posts are also identical and therefore, there is no reason for any discrimination, is the crux of their contentions. Raising grievances against the said disparity in the W.P.(C) NO.10238/2010 2 scale of pay, the petitioners have already approached the first respondent through Ext.P2 representation. Learned Standing Counsel appearing for the second respondent submits that the issue involved in this case is a matter to be looked into by the first respondent, Government. 3. In the circumstances, without making observation as to the merits of the case, the first respondent is directed to consider and pass orders on Ext.P2 representation submitted by the petitioners expeditiously, at any rate, within a period of six months from the date of receipt of a copy of this judgment. It will only be appropriate for the first respondent to afford an opportunity of being heard to the second respondent, as well, in the matter before taking a decision. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.10238/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.10238/2010 JUDGMENT 29th March, 2010 W.P.(C) NO.10238/2010 4