IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 OP.No. 7068 of 2002(N) ---------------------- PETITIONER(S): --------------- 1. KAMALAKSHAN P., III GRADE OVERSEER, KERALA WATER AUTHORITY, P.H.SECTION, PAYYANNUR, KANNUR DISTRICT. 2. K.SURESH BABU, I GRADE DRAUGHTSMAN, KERALA WATER AUTHORITY, P.H.SUB SECTION, KEEZHALLUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION (W.S.C.), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN FOR R1 SRI.C.UNNIKRISHNAN, SC, KWA FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 12468 OF 2002 IN OP 7068 OF 2002 DISMISSED 2.6.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ANNEXURE Ii TO G.O.P. NO. 54/99 IRD DATED 19.8.1999 EXT.P2 TRUE COPY OF THE ANNEXURE V RULES ALONG WITH APPENDIX A TABLE OF TIME BOUND HIGHER GRADE SCALE. EXT.P3TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 8.7.2000 EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT DATED 10.7.2000 EXT.P5 TRUE COPY OF THE ORDER DATED 18.8.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 7068 OF 2002 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT O.P. is filed for direction to the Govt. and to the Water Authority for increasing pay-scale in the category of Overseers to make it at par with the operators of pump houses. On going through the counter affidavit I find that the matter is considered by the Government and according to the Government pay-scale of Overseers in the Water Authority is even higher than the scale of pay given to their counter- parts in the irrigation department. Further it is stated that pay-scales of all the employees of the Water Authority is based on their educational qualification, nature of duties, risk involved, and the promotional avenues. Petitioners' claim for parity in wages with Operators in pump houses is turned down for the reason that work of pump operators is different from that of Overseers and other employees. I do not think there is any scope for interference by this Court in the matter. So long as there is no discrimination or illegality, there is no scope for 2 interference. O.P. is accordingly dismissed, as this Court has no power to fix the wages of employees of Water Authority. (C.N. RAMACHANDRAN NAIR) Judge kk 3