IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 OP.No. 25187 of 2000(W) ----------------------- PETITIONER(S): --------------- 1. N.C.JOSEPH, ROLLER DRIVER, MVIP, SUB DIVISION NO.4, KOOTHATTUKULAM DIVISION, MANATHUR. 2. ISSAC N.U., ROLLER DRIVER, MVIP, SUB DIVISION NO.5, KOOTHATTUKULAM. 3. A.B.BALAKRISHNAN, MVIP, SUB DIVISION NO.6, KOOTHATTUKULAM. BY ADV. SRI.T.P.SAJAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVT. IRRIGATION DEPT., SECRETARIAT, TRIVANDRUM. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION DEPT. TRIVANDRUM. 3. EXECUTIVE ENGINEER, MVIP DIVISION, KOTHATTUKULAM. GOVERNMENT PLEADER FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON 20/11/2008 DELIVERED THE FOLLOWING: O.P.NO.25187/00. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD.17.9.85. P2. COPY OF THE GOVT. ORDER DTD.20.1.90. P3. COPY OF THE POSTING ORDER OF P1 DTD.2.2.91. P4. COPY OF THE RELEVANT PAGES OF PAY REVISION ORDER. P5. COPY OF THE JUDGMENT IN O.P.NO.20565/98 OF THIS COURT. P6. COPY OF THE GOVT. ORDER DTD.13.4.00. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.25187 of 2000 ================== Dated this the 18th day of November, 2008 J U D G M E N T The petitioners were originally CLR workers of the Public Works Department. Pursuant to Exts.P1 and P2 orders, they were absorbed into regular service allegedly as Road Roller Drivers. However, they were not paid the scale of pay applicable to Road Roller Drivers, which was Rs.825-1290. The petitioners were given the scale of pay of only Rs.775-1160. Therefore, they raised claim for scale of pay applicable to the Road Roller Drivers. They approached this Court by filing O.P.No. 20565/1998 in which, by Ext.P5 judgment dated 2.11.1999, the Government was directed to consider the claim of the petitioners. Pursuant to the same, Ext.P6 order has been passed, whereby the petitioners' claim for the scale of pay applicable to the Road Roller Drivers was rejected. The petitioners, therefore, challenge Ext.P6 order and seek the following reliefs: “(i) Call for the records leading upto Exhibit P6 and quash the same as illegal by the issuance of a writ of certiorari or other appropriate writ, order or direction. (ii) to declare that petitioners are entitled to the scale of pay of Roller Driver pursuant to their appointment as Roller Driver. o.p.25187/00 2 (iii) to issue a writ of mandamus or any other writ, order or direction commanding the respondents 1 and 2 to refix the pay of the petitioners in the scale of pay of Roller Driver with effect from their date of appointment and to pay the arrears benefit of subsequent pay revision orders.” 2. The contention of the petitioners is that they were absorbed into the regular service as Road Roller Drivers and therefore, they are eligible for the scale of pay applicable to that post. 3. With the help of the counter affidavit, the learned Government Pleader would submit that the contention of the petitioners is wrong. According to the Government Pleader, the petitioners were absorbed into the regular service only as Worker Grade I (Skilled workers), for which, the scale of pay applicable is only Rs.775-1160 and they are required to do such of the skilled work which they are asked to do from time to time in accordance with exigencies of work. They were allotted different skilled work including that of Road Roller Drivers, for which they are not entitled to the scale of pay of Road Roller Drivers in so far as they are not absorbed into the service as Road Roller Drivers. They are also liable to do such other works as are available and assigned to them. o.p.25187/00 3 4. I have considered the rival contentions in detail. 5. The petitioners have not been able to produce before me any document to prove that the petitioners were absorbed into regular service as Road Roller Drivers. What has been produced before me is Ext.P3 wherein it is stated that one of the petitioners is “nominated to the SLR cadre (Roller Driver) and allotted to the Thodupuzha Sub Division”. The same is not the order by which that person was absorbed into regular service, but is only a posting order assigning duty. In fact in Ext.P6 it is specifically stated that the petitioners were absorbed into regular service as Worker Grade I (Skilled Workers). It is also stated in Ext.P6 that for Worker Grade I the scale of pay fixed is Rs.775- 1160, which is being paid to the petitioners. Of course the petitioners would contend that in the case of NMR workers they were regularised in service as Fitter, Mechanic etc. There is an explanation in Ext.P6 to the effect that the posts of Fitter, Mechanic etc. are not included the Special Rules whereas the post of Road Roller Driver is included in the Special Rules. Therefore, it is not difficult for the Government to absorb NMR workers as Fitter, Mechanic etc. whereas the post of Road Roller o.p.25187/00 4 Driver can be filled up only in accordance with the Special Rules. I find considerable merit in the said reasoning. There is a post called Worker Grade I (Skilled Workers) for which the scale of pay applicable is Rs.775-1160. According to the Government, the petitioners were absorbed in Government service only as Worker Grade I (Skilled Workers). The petitioners were not able to produce any material before me to disprove the same, nor were they able to produce before me any material to show that they were actually absorbed as Road Roller Drivers. In the above circumstances, I am unable to countenance the claim of the petitioners that they are entitled to the scale of pay applicable to the Road Roller Drivers. Accordingly, the original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.25187/00 5 S.SIRI JAGAN, J. ================ O.P.No.25187 of 2000-W =============== J U D G M E N T 18th November, 2008 o.p.25187/00 6