IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 RP.No. 82 of 2010(M) -------------------- AGAINST THE JUDGEMENT IN WPC.27002/2008 Dated 10/02/2009 .................... REVIEW PETITIONERS: PETITIONERS ----------------------------------------- 1. P.G.ALICE MILAND, ASSISTANT, COIR BOARD KOCHI,RESIDING AT PANDARAPARAMBIL HOUSE,VILLI VILLA, PARADISE ROAD, KOCHI-19. 2. P.S.LALITHAKUMARI,ASST,COIR BOARD, KOCHI,RESIDING AT HOUSE NO.MIG-85, GANDHI NAGAR, KADAVANTHRA,KOCHI-20. 3. S.SANTHA BAI, ASSISTANT COIR BOARD, KOCHI,RESIDING AT ASHA BHAVAN, HOUSE NO.2/896,MARADU P.O., THRIPUNITHURA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): RESPONDENTS ------------------------------------- 1. COIR BOARD, REPRESENTED BY THE SECRETARY, HEAD OFFICE, COIR BOARD, COIR HOUSE, M.G.ROAD, KOCHI. 2. CHAIRMAN, COIR BOARD, COIR HOUSE, M.G.ROAD, KOCHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1-2 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- R.P.No.82 OF 2010 in W.P.(C)No.27002 of 2010 --------------------------------- DATED THIS THE 7th DAY OF JUNE, 2010 ORDER This Review Petition is filed by the petitioners in the Writ Petition seeking a review of the judgment and to direct the respondents to grant arrears in the revised scale of pay of Rs.5000-8000 for the period from 19.3.1996 to 20.1.2006, 18.3.1996 to 20.1.2006 and 3.4.1996 to 20.1.2006 respectively in respect of review petitioners 1, 2 and 3. 2. Heard parties. Before going into the details, the findings rendered in the judgment and the directions therein are relevant to be considered. In paragraph 6 of the judgment this Court held that the petitioners can be granted fixation with effect from 1.1.1996. But, still the petitioners confine the benefit of fixation from 19.3.1999 and accordingly the Writ Petition was disposed of directing the respondents to issue modified order in the place of Exhibit P8 to Exhibit P8(B) granting the benefit of fixation from 19.3.1999 without any arrears during the period upto 1.1.2008. It was also specified that they will be granted R.P.No.82/10 -2- notional fixation and the benefit of increment, etc. so that they will get the benefit due by way of fixation from 1.1.2008. These directions were issued in the light of the averments in paragraph 4 of the counter affidavit that the scale of pay of Rs.5000-8000 was implemented in the Coir Board with effect from 1.1.2008 with the benefit of fixation only with effect from 1.1.1996 without arrears after obtaining an undertaking from the concerned employees. 3. It is averred in paragraph 14 of the Review Petition that the Board had since implemented Annexure IV judgment confirmed by Annexure V in the scale of pay of Rs.5000-8000 to all categories of employees covered by Annexure III letter and further extracted in page 1 of Annexure IV judgment, with effect from 1.1.1996, except the three review petitioners. All of them including Stenographers Grade II, Hindi Translator, etc. likewise the Assistants were also granted arrears with effect from 1.1.1996. It is averred in paragraph 15 of the Review Petition that the review petitioners have been denied the arrears from 1996 by the respondents placing reliance on the judgment sought to be reviewed. It is in the light of these developments that the R.P.No.82/10 -3- review petitioners are seeking review of the judgment. 4. Notice was issued to the respondents and they have filed a counter affidavit also. In the counter affidavit filed by the respondents various aspects have been pointed out with regard to the claim raised by the petitioners. But, the specific points raised in paragraphs 14 and 15 have not been directly answered in the counter affidavit filed by the respondents. The crucial issue is whether other similarly placed employees were granted the benefit from 1996 and the review petitioners are being denied the benefit based on the directions issued in the judgment. 5. Therefore, when the matter was heard last time, it was directed to inform this Court whether the respondents have disbursed the arrears in respect of others, by implementing the same scale of pay. Today, when the matter came up for hearing, it was submitted on behalf of respondents that other employees were disbursed the benefits in the light of the various directions issued in the judgments concerning them from 1.1.1996. 6. In that view of the matter, the petitioners who are similarly placed are entitled for the same benefit. The benefit was denied to them only in the light of the averments contained R.P.No.82/10 -4- in paragraph 4 of the counter affidavit filed by the respondents that the scale of pay of Rs.5000-8000 was implemented in the Coir Board with effect from 1.1.2008 without any arrears. Hence there is an apparent error in the judgment. In the light of the above, the review petition is disposed of, modifying Paragraph 7 of the judgment, in the following manner. 7. The review petitioners are entitled for the benefit of the revised scale of pay of Rs.5000-8000 for the period from 19.3.1996 to 20.1.2006, 18.3.1996 to 20.1.2006 and 3.4.1996 to 20.1.2006 respectively. Appropriate modified orders will be issued within a period of one month and arrears will be disbursed within a further period of one month thereafter. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn