IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 OP.No. 6058 of 2002(U) ---------------------- PETITIONER(S): ----------------------- 1. N.A.RAGHAVAN, S/O. ABHIMANYU, AGED 56 YEARS (TURNER), NJATUVETTY HOUSE, MANNEMPETTA, P.O. VARAKKARA, DISTRICT THRISSUR, NOW WORKING IN CHIMMINI DAM PROJECT SUB DIVISION, IRRIGATION DIV. THRISSUR, AS A TURNER. 2. C.K. NARENDRAN, SON OF KUNJAN PANICKER, AGED 55 YEARS, (PUMP OPERATOR), PALLATTU HOUSE, PAYYAKKARA, P.O. VARAKKARA, THRISSUR DISTRICT, NOW WORKING IN CHIMINI DAM PROJECT, SUB DIVISION IRRIGATION DIVISION, THRISSUR AS AN OPERATOR. BY ADV. MR.M.P.KRISHNAN NAIR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, (CHIMINI DAM PROJECT), THRISSUR. GOVERNMENT PLEADER MR.DILIP MOHAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.10658/2002 IN OP. NO.6058/2002 DISMISSED 25/01/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 28.8.97 IN OP. 15329/94 PASSED BY THE HONOURABLE HIGH COURT. P2:- COPY OF THE JUDGMENT DTD. 17.8.99 IN OP. 21158/99 PASSED BY THE HONOURABLE HIGH COURT. P3:- COPY OF THE JUDGMENT DTD. 24.5.01 IN OP. 27488/99 PASSED BY THE HONOURABLE HIGH COURT. P4:- COPY OF THE REPRESENTATION 12.11.01 SUBMITTED BY THE PETITIONERS BEFORE THE CHIEF SECRETARY. P5:- COPY OF THE LETTER N.19267/A3/IRD DTD. 14.12.01 ISSUED BY THE SECRETARY TO GOVERNMENT. P6:- COPY OF THE REPRESENTATION DT. 9.6.01 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT. P7:- COPY OF THE REPRESENTATION DTD. 5.10.01 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 6058 of 2002 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 J U D G M E N T The petitioners in this original petition were originally N.M.R workers. Subsequently they were absorbed in regular service in a pay scale. Their grievance in this original petition is that they are being given only the scale of pay of Rs.300-450/-, although they are legally entitled to get the scale of pay of Rs.310-490/-. According to the petitioners, NMR workers were absorbed in two categories; one skilled and the other unskilled, the scales of pay of which were also fixed. The skilled NMR workers consists of Turner, Pump Operators, Blacksmiths, Fitters etc. The petitioners would contend that all of them come under the skilled category and therefore the scale of pay assigned to them also should be uniform, irrespective of whether they are Pump Operators, Fitters etc., since all of them are in the O.P. No. 6058 of 2002 -2- skilled category. But petitioners were given only the pre-revised scale of pay of Rs.300-450/-, whereas others who were absorbed as Fitters and Blacksmiths were given the scale of pay of Rs.310-490/- pursuant to judgments of this court, copies of which are produced are Exts.P1 & P2. Petitioners therefore seek the following reliefs: i) call for the entire records of the petitioner's case leading to issue of Ext.P5 and Ext.P4 representation and quash Ext.P5; ii) to issue a writ in the nature of mandamus or any other writ, order or direction declaring that Ext.P5 is highly illegal arbitrary, malafide in nature, discriminatory in character and ab-initio void unjust, unreasonable and unsustainable; iii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioners who are absorbed and regularized as regular Turner/Operator in the Department are entitled to be fitted into the scale of pay of Rs.310-490 (Pre-revised ) from the very beginning itself and to the benefit of subsequent revision on that basis and all arrears with interest at the market rate; iv) to issue a writ in the nature of mandamus or any other writ, order or direction directing the respondents to fit the petitioners who are absorbed and regularized as regular Turner/Operator in the Department into the scale of pay of Rs.310-490 (Pre-revised) from the very beginning itself and pay all their service benefits including monetary benefits and benefit of subsequent revision of pay on that basis and all arrears with interest at the market rate; O.P. No. 6058 of 2002 -3- v) to issue a writ in the nature of mandamus or any other writ, order or direction directing the respondents to act according law; vi) to issue any other writ or writs, order or orders direction or directions which are deemed fit and proper in the facts and circumstances of the case; 2. A counter affidavit has been filed by the 1st respondent taking the contention that petitioners have been given a lesser scale of pay since in addition to the work of Pump Operators, they are required to do any other work assigned to them, unlike in the case of Fitters and Blacksmiths. Therefore the petitioners are not entitled to the higher scale of pay is the contention. 3. I have considered the rival contentions in detail. It is not disputed before me that NMR workers were absorbed in regular service in two categories only, namely skilled and unskilled. There was no separate categorisation among the skilled workers for the purpose of grant of scale of pay. That being so, when the petitioners were absorbed as skilled NMR Workers as Pump Operators, I do not find O.P. No. 6058 of 2002 -4- any satisfactory reasons for differentiating the petitioners from Blacksmiths and Fitters who were also similarly absorbed as skilled workers. In fact Blacksmiths and Fitters were also originally given only the scale of pay of Rs.300-450/- and they approached this court by filing W.P.(C) No.15329/1994, in which this court has, by Ext.P1 judgment directed that they be given the scale of pay of Rs.310-450/- (pre-revised). Identical direction was issued in Ext.P2 judgment in O.P. No.21158/1999 in favour another similarly placed set of skilled workers. I do not find any reason to take a different view in the case of the petitioners since they are also identically situated. The reason stated by the respondents for taking a different view does not appear to be sustainable at all, in view of the above finding. Therefore the original petition is allowed and the respondents are directed to see that the petitioners are paid pre-revised scale of Rs.310-490/-. Needless to say that the petitioners would be entitled corresponding revision of pay O.P. No. 6058 of 2002 -5- as per subsequent pay revision orders. Orders in this regard shall be issued and arrears disbursed to the petitioners as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/