IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 19765 of 2007(C) -------------------------------------- PETITIONER(S): ----------------------- V.VASUDEVAN, RETD.SKIPPER, VARSHA VIHAR, EDAKOCHI P.O., KOCHI - 6. BY ADVS.MR.K.R.KURUP MR.C.R.SYAMKUMAR MR.K.J.ABRAHAM MR.LAVARAJ M.G. MR.C.R.VINOD KUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO FISHERIES & PORTS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE CO-OPERATIVE FEDERATION OF FISHERIES DEVELOPMENT LTD. (MATSYAFED), KURAVANKONAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. (MATSYAFED), KURAVANKONAM, THIRUVANANTHAPURAM. R2 & R3 BY ADVS.MR.P.K.VIJAYAMOHANAN, MR.SHYAM KRISHNAN, SC, MATSYAFED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12765/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN OP 11435/91 DTD. 23.1.96. P2:- COPY OF THE JUDGMENT IN WA. 927/96 DTD. 26.10.05. P3:- COPY OF THE GO(MS) 7/2007/F&PD DTD. 26.2.07. P4:- COPY OF THE GO(MS) 12/2007/F&PD DTD. 22.3.07. P5:- COPY OF THE GO(MS) 13/07/F&PD DTD. 29.3.07. P6:- COPY OF THE ORDER IN CON. CASE (CIVIL) 1089/2006 DTD. 30.3.07. P7:- COPY OF THE ORDER NO.M'FED /E2/3257/2000 DTD. 25.5.07. P8:- COPY OF THE DUTIES OF SKIPPER ASSIGNED BY THE RESPONDENT. P9:- COPY OF THE OFFICE ORDER DTD. 14.10.96. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19765 OF 2007 (C) -------------------------------------------------- Dated this the 9th day of October, 2009 J U D G M E N T Challenge in this writ petition is against Exts.P4 and P7. 2. In so far as the challenge against Ext.P4 is concerned, the grievance of the petitioner is confined to clause 5(2) wherein it is provided that financial benefits including arrears of salary etc. will be granted only with effect from 26.2.2007. In WP(c). No.16475/07 & connected cases by judgment dated 26.8.2009, this court has already set aside the aforesaid provision in Ext.P4 and therefore the challenge against Ext.P4 stands covered in favour of the petitioner by virtue of the judgment referred to above. 3. In so far as Ext.P7 is concerned, by this order, petitioner has been posted as a Skipper subject to the condition that his pay will be fixed in the scale 2610-3680 which is applicable to last grade employees. His complaint is that as a Skipper he was in command of the vessel enjoying enjoying disciplinary control of other employees working in the vessel. It is stated that despite this, in Ext.P7 employees like Assistant Engineer who were WPC .No.19765/07 :2 : working below the petitioner in the vessel have been fixed in the lower scale of pay of Rs.6675-10550 where as the petitioner, who was working in a higher category had been fixed in the scale of pay as applicable to last grade employees. Ext.P8 is the duties and responsibilities of a Skipper, which show that the Skipper is in command of the vessel and enjoy disciplinary control as well. If that be so, prima facie it would appear that by fixing the petitioner's pay at lower scale of pay, as compared even to his subordinates, he has been discriminatory. Therefore, the matter needs to be re-examined by the 3rd respondent, duly adverting to the position held by the petitioner as a Skipper. The matter shall be considered as above, as expeditiously as possible within 2 months. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/