IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 26051 of 2001(B) ----------------------- PETITIONERS: ------------ 1. SUSEELA KUMARI, SPINNING INSTRUCTOR, KHADI PRODUCTION CENTRE, NJANDOORKONAM, CHEMPAZHAZNTHI P.O., THIRUVANANTHAPURAM. 2. A.P. NALINI, SPINNING INSTRUCTOR, KHADI PRODUCTION CENTRE, CHERIYAKONAI, ERAYANICODE P.O., THIRUVANANTHAPURAM. 3. P. SADASIVAN PILLAI, WEAVING INSTRUCTOR, KHADI PRODUCTION CENTRE, MANNARKONAM P.O., THIRUVANANTHAPURAM. 4. M. PRABHAKARAN NADAR, WEAVING INSTRUCTOR, KHADI PRODUCTION CENTRE, NJANDOORKONAM, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM . 5. R. SUGANDHY, SPINNING INSTRUCTOR, KHADI PRODUCTION CENTRE, KARIKKAKOM, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENTS: ------------- 1. THE KERALA KHADI & VILLAGE INDUSTRIES BOARD REP BY ITS SECRETARY, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, KERALA KHADI & VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. ADDL.R3. THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (K) DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM ADDLR3 IS IMPLEADED AS PER ORDER DTD 24.7.07 IN I.A.NO.10168/07. BY ADV. SRI.V.V.JOSHI, SC, KHADI BOARD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE AORDER NO.KB.3262/93/K5/E1/(B) DATED 6.8.99 OF R1. EXT.P2 COPY OF THE PETITION DTD 4.9.99 SUBMITTED BY 1ST PETITIONER BEFORE R1. EXT.P3 COPY OF THE ORDER NO.KB.18393/90/E2 DTD 31.10.90 OF R1. EXT.P4 COPY OF THE ORDER NO.KB/2090/91/E2 DTD 23.2.91OF R1. EXT.P5 COPY OF THE ORDER NO.KB.2090/91/E2 DTD 13.12.91 OF R1. EXT.P6 COPY OF THE JUDGMENT DTD 8.1.2001 IN OP.18620/95 OF THIS COURT. EXT.P7 COPY OF THE ORDER NO.KB.7504/99/E1(B) DTD 28.4.01 OF R1. EXT.P8 COPY OF THE ORDER NO.KB.3202/93 K,5 DTD 30.6.97 OF R1. EXT.P9 COPY OF THE ORDER NO.K1/4741/80/SEP.DTD 13.8.81. EXT.P9(a) COPY OF G.O.(Rt)NO.151/2005/ID DTD 22.2.05. EXT.P9(b) COPY OF G.O.(Rt)NO.151/2005/ID DTD 22.2.05. EXT.P9(C) COPY OF THE G.O.(RT)NO.488/2005/ID DTD 17.5.05. EXT.P10 COPY OF THE RELIEVING ORDER DTD 31.8.78 ISSUED BY THE KHADI GRAMODYOG VIDYALAYA. EXT.P11 COPY OF THE ORDER NO.331/79/PROJ. DTD 21.5.79 OF THE PROJECT OFFICER. EXT.P12 COPY OF THE MEMO NO.K1/4741/81/SEP DTD 12.11.1981 OF THE DEVELOPMENT OFFICER IN CHARGE. EXT.P13 COPY OF THE MEMO NO.KL/4741/80/PRO DTD 7.12.81 OF THE DEVELOPMENT OFFICER IN CHARGE. EXT.P14 COPY OF THE MEMO NO.KB6971/87/K5.DTD 8.11.90 OF THE SECRETARY. EXT.P15 COPY OF THE ORDER NO.KB 22475/81/SEP DTD 11.3.96 OF THE DIRECTOR. EXT.P16 COPY OF THE ORDER NO.KB.10923/2000/K1 DTD 20.11.2000 OF THE DIRECTOR. EXT.P17 COPY OF THE PROCEEDINGS NO.TP.636/03/A2 DTD 22.3.03 OF THE PROJECT OFFICER. EXT.P18 COPY OF THE STATEMENT OF STOCK VERIFICATION AS ON 4/2002 TO 3/2003 RESPONDENTS' EXHIBITS: EXT.R2(a) COPY OF G.O.(Rt)880/ID. DATEDC 1.10.73. EXT.R2(b) COPY OF THE G.O.(Rt)NO.1166/78/ID DTD 29.9.78. EXT.R2(C) COPY OF THE GOVERNMENT ORDER NO.481/97/ID DTD 17.4.79. EXT.R2(d) COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)103/99 I DTD 7.7.99. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.26051 OF 2001-B -------------------------------------------------------------- Dated this the 13th day of February, 2008. JUDGMENT Petitioners 1, 2 and 5 were originally appointed on daily wages as Amber Instructors in the Kerala Khadi and Village Industries Board (hereinafter referred to as the “Board”). Petitioners 3 and 4 were likewise appointed as Weaving Guide/Weaving Instructor respectively. Their services were later regularised as Spinning/Weaving Instructor with effect from 7.7.1999 as per Ext.P1 order dated 6.8.1999. On regularisation, the petitioners were placed in the scale of pay of Part Time Contingent Employees in State service. However, those who were regularised as Amber Instructors were placed in the scale of pay of Class IV employees in Government Service. The grievance of the petitioners is that while Amber Instructors/Weaving Instructors in the Payyannur Khadi Center are placed in a higher scale of pay it is denied to them. They have in this original petition challenged Exts.P7, P9, P9(a) and P9(b) orders to the extent it denies them the scale pf pay of Lower Division Clerk, with effect from the date of regularisation. O.P.NO.26051/2001 . 2 2. The learned counsel appearing for the respondents brought to my notice that this Court has in W.P.(C).No.13905 of 2005 directed the petitioners therein, who had voiced the very same grievance, to file a representation setting out their claims before the State Government and that a similar direction may be issued in the instant case as well. A copy of the judgment dated 31.7.2007 in W.P.(C).No.13905 of 2005 was made available to me. After hearing the learned counsel appearing on either side and on going through the judgment in W.P.(C).No.13905 of 2005, I am of the opinion that a direction similar to the one issued therein can be issued in the case on hand as well. 3. The original petition is accordingly disposed of reserving liberty with the petitioners to file a detailed representation setting out their claims before the State Government. Such a representation shall be filed within one month from today. In that event, the State Government shall consider the claim of the petitioners after affording the petitioners and the Kerala Khadi Village Industries Board an opportunity of being heard. Final orders in the matter shall be passed within three months from the date of receipt of the O.P.NO.26051/2001 . 3 representation. The original petition is disposed of as above. No costs. P.N. RAVINDRAN, JUDGE. cl O.P.NO.26051/2001 . 4 P.N. RAVINDRAN, J. O.P.NO.26051 OF 2001-B JUDGMENT 13th February, 2008. O.P.NO.26051/2001 . 5