IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 5674 of 2006(A) ----------------------------------- PETITIONER(S): -------------------- 1. SHRI.K.M.MOHAMMEDKUTTY, S/O.M.A.MEETHYAN AGED 45 YEARS, WORKING AS GRADE-II WORKER, O/O.THE ASST.ENGINEER, MINOR IRRIGATION, SECTION NO.I, KAKKANAD CIVIL STATION, ERNAKULAM AND RESID- ING AT KATTUTHANIPARAMBU, NETTOOR.P.O, ERNAKULAM. 2. SHRI.A.N.SATHYANATHAN, S/O.A.K.NARAYANAN AGED 49 YEARS, WORKING AS GRADE-II WORKER, O/O.THE ASST.ENGINEER, MINOR IRRIGATION, SECTION NO.II, KAKKANAD CIVIL STATION, ERNAKULAM AND RESIDING AT ATTAMPULLY HOUSE, N.G.O.QUARTERS, FLAT NO.1-A-7/84,THRIKKAKARA.P.O,ERNAKULAM. 3. SHRI.M.ABDULKHADER, S/O.KOCHU MOHAMMED, AGED 52 YEARS, ENGINEER, MINOR IRRIGATION, SECTION, THRIPUNITHURA, ERNAKULAM AND RESIDING AT MOOLABHAGATH, BRAHMAPURAM.P.O, AMBALAMUKAL, VIA. ERNAKULAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, IRRIGATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE ASST. EXECUTIVE ENGINEER, MINOR IRRIGATION, SECTION NO.I, KAKKANAD CIVIL STATION, ERNAKULAM. 4. THE ASST. ENGINEER, MINOR IRRIGATION, SECTION, THRIPUNITHURA, ERNAKULAM. WP(C) NO. 5674/2006 5. THE ASST. ENGINEER, MINOR IRRIGATION, SECTION NO.I, KAKKANAD CIVIL STATION, ERNAKULAM. 6. ASST. ENGINEER, MINOR IRRIGATION, SECTION NO.II, KAKKANAD CIVIL STATION, ERNAKULAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5674/2006 A APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO (P) NO. 6/90/PW&T DT. 20/1/90. EXT.P2. COPY OF THE GO P NO. 6/91/PW&T DT. 31/1/91. EXT.P3. COPY OF THE GO P NO. 19/92/PW&T DT. 6/3/92. EXT.P4. COPY OF THE GO P NO. 22/93/PW&T DT. 10/3/93. EXT.P5. COPY OF THE GO P NO. 17/99/IR. D DT. 18/3/99. EXT.P6. ORDER NO M1/129/99 DT. 4/10/99. EXT.P7. COPY OF THE ORDER NO. MI/129/99 DT. 4/10/99. EXT.P8.COPY OF THE ORDER NO. M1/129/99 DT. 4/10/99. EXT.P9. COPY OF THE ORDER NO. M1/129/90 DT. 8/2/06. EXT.P10. COPY OF THE ORDER NO. M1/129/90 DT. 8/2/06. EXT.P11. COPY OF THE ORDER NO. MI/129/90 DT. 8/2/06 EXT.P12. COPY OF THE REPRESENTATION DT. 19/2/2006. EXT.P13. COPY OF THE REPRESENTATION DT. 19/2/06. EXT.P14. COPY OF THE REPRESENTATION DT. 19/2/2006. EXT.P15. COPY OF THE LETTER NO. MI/129/VOL 2/90 DT. 5/7/06 SENT BY R3 TO THE R2. EXT.P16. COPY OF THE LETTER NO. C4. 9114/06 DT. 2/09/06. EXT.P17. COPY OF THE LETTER DT. 31/5/07 BY THE COUNSEL FOR THE PETITIONERS. EXT.P17(IN I.A 1255/2009). COPY OF THE GO MS NO. 39/2008/WRD DT. 19/08/08. RESPONDENTS' EXHIBITS : EXT.R2A. COPY OF THE GO P NO. 25/2002/WRD DT. 17/6/02. / TRUE COPY / tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5674 of 2006-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2009. JUDGMENT The petitioners have approached this court aggrieved by Exts.P9 to P11 by which the Asst. Executive Engineer, Minor Irrigation Sub Division, Ernakulam forwarded the proceedings showing refixation of pay. The refixation resulted in reduction of pay and consequent recovery. 2.The petitioners are working as CLR Workers as Bund watchers n the Minor Irrigation Section of the Public Works Department. The first petitioner entered service on 1.1.1981 and he is continuously working since then. The second petitioner entered service on 30.7.1976 and has continuous engagement thereafter. The third petitioner entered service on 30.7.1976 and he is also a similarly placed person. All of them were absorbed into regular service as Workers Grade II as per Ext.P1 dated 20.1.1990 issued by the Government. The absorption was done based on the seniority reckoned with reference to the number of days of actual service as CLR Workers. 3. The petitioners were granted the benefit of time bound grade promotion counting the NMR service prior to their absorption. This is WPC 5674/2006 2 evident by Exts.P6 to P8. Exts.P6 to P8 are of the year 1999. Thus, they are continuously drawing pay as fixed by Exts.P6 to P8. The effect of Exts.P9 to P11 is the consequent denial of the above benefits granted to them. The petitioners contend that the reduction of pay and the consequent recovery has been effected without notice to them. 4. Along with I.A.No.1255/2009 the petitioners have produced Ext.P17 order passed by the Government dated 19.8.2008. The issue that is considered by the Government is regarding time bound higher grade irregularly granted to the CLR/SLR under Minor Irrigation Division, Ernakulam. After considering various aspects, it was ordered thus: “(i) arrears of pay and allowances to the tune of Rs.1.41 crores paid to 128 regularised CLR/SLR workers of MI Division, Ernakulam from 18.3.99 is waived; and (ii) Excess pay and allowance paid to CLR/SLR workers from 18.3.99 till 1.1.2008 consequent to the erroneous fixation is also waived.” The Government further ordered that while refixing their pay as per the clarification issued by Government, the excess amount already paid will not be recovered, as a special case. 5. It is clear from Ext.P17 that the petitioners will also be covered by the said order. If that be so, they will also be entitled for the benefits granted by the same. It is so declared. In that view of the matter, Exts.P9 to WPC 5674/2006 3 P11 will stand set aside. 6. Learned counsel for the petitioners submitted that pending the writ petition, the Government has passed orders revising the pay and allowances of Government employees which have been extended to the petitioners as per an order dated 25.3.2006. In the light of the recovery ordered against the petitioners, even though the orders were implemented, they were not paid the arrears obviously because of the pendency of the writ petition. 7. Now that the Government has waived the arrears based on Ext.P17 order, obviously they are entitled for arrears of wages as provided by the pay revision orders. The competent authority among the respondents will look into the same and grant appropriate benefits to the petitioners. The amounts due to them will be disbursed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/