IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 18450 of 2007(U) -------------------------- PETITIONER: ------------ 1. SASIDHARAN P.S.,AGED 42 YEARS, S/O SHANMUGHAN, SIVANILAYAM, MANALI ROAD, KALMANDAPAM, PALAKKAD. 2. SANATH KUMAR K.S., AGED 36 YEARS, S/O.K.SATHYAN, HARI PALACE, VIVEKANANDA COLONY, KUNNATHUR MEDU POST OFFICE, PALAKKAD. 3. SURESH BABU.A., AGED 41 YEARS, S/O M.APPU MASTER, AMBALAKKAD HOUSE, PALLANCHATHANUR POST OFFICE, PALAKKAD. 4. PREMALATHA.K.N., AGED 42 YEARS, W/O CHENTHAMARAKSHAN, KALANDITHARA, KURIDAKKAD, PUDUSSERY (PO), PALAKKAD. 5. SUMA.A., AGED 41 YEARS, W/O SHYIESH, SHREYAS, NEAR POLICE QUARTERS, KALLEKULANGARA, POST, PALAKKAD. 6. JANARDHANAN.K., AGED 41 YEARS, S/O KARUPPAN, VARAKKAD HOUSE, PERUVAMBA, PALAKKAD. 7. SASEENDRAN.R., AGED 38 YEARS, S/O SHRI RAMANATHA MUTHALI, 7/401, AISWARYA, B.K.KALAM, KODUMBU, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR, SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C)No. 18450/07 2 2. THE CHIEF WELFARE FUND INSPECTOR, MEDICAL COLLEGE POST, ULLAL, THIRUVANANTHAPURAM. 3. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, DPO ROAD, PALAKKAD. BY SR.GOVT.PLEADER SHRI NANDAKUMAR ADV. SRI.K.HARILAL, SC, KTWWF BOARD SRI.K.D.BABU,SC,KTWWFB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 18450/07 PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE APPOINTMENT LETTER ISSUED TO THE FIRST PETITIONER. EXT.P2: TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO FIRST PETITIONER. EXT.P3: TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(P) NO.328/2003/FIN.DATED 19.6.03. EXT.P3(a): TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(P). NO.86/06/FIN. DATED 23.2.2006. EXT.P4: TRUE COPY OF THE LETTER BEARING NO.ESST./E1/07/3233 DATED 18.5.07 ISSUED TO THE FIRST PETITIONER. V.GIRI, J. -------------------------- W.P.(C)No. 18450 OF 2007 ----------------------------- DATED THIS THE 14TH DAY OF FEBRUARY, 2008 J U D G M E N T The petitioners were engaged as provisional LDCs in the Kerala Toddy Workers Welfare Fund Board for varying periods from September, 2002 to March 2003, except in the case of the 3rd petitioner, who was engaged from 24.6.2002 to 19.12.2002. Due to austerity measures brought in by the Government as per Exhibit P1 order, dated 16.1.2002,new recruits in Government service and Public Sector undertakings were given only basic pay for the first two years. Apparently, the withheld benefits were thereafter restored to regular employees vide Exhibit P3. It was not done in the case of provisional employees like the petitioners. The claim made by the petitioners was therefore rejected under Exhibit P4 pointing out that Exhibit P1 Government order is applicable only to regularly recruited persons. It is in these circumstances, this writ petition is filed. 2. Subsequently, the petitioner has produced Exhibit P5 Government Order, G.O.(P)No.516/07/Fin.dated 23.10.2007. W.P.(C)No.18450/07 2 Paragraph 2 of the said Government order reads as follows: “ 2. Government after examining the requests are now pleased to extend the benefit of restoration of Dearness Allowance and Other Allowances sanctioned to the new recruits who got a regular appointment during the period from 16.1.2002 to 31.5.2003 as per the Government Order read 3rd above, to the provisional recruits who got appointment through Employment Exchanges during the period between 16.1.2002 to 31.5.2003 also.” In my view, since there seems to be an extension of the benefit provided under Exhibit P1 to persons like the petitioners also, the issue requires reconsideration by the competent authority. In the result, the writ petition is disposed of in the following terms: 1) Petitioners may file fresh representation before the 2nd respondent seeking the benefit of Exhibit P5 W.P.(C)No.18450/07 3 Government Order. This shall be done within one month. 2) Thereupon the second respondent shall quantify the benefits to the petitioners in terms of Exhibit P5 and disburse the amounts to the petitioners within a period of three months from the date of receipt of the representation. V.GIRI, JUDGE. dsn