IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 21393 of 2007(V) --------------------------------------- PETITIONER(S): ------------------------ P.K.THANKAPPAN, CANAL WATCHER (RETD), PERUMPILLIL HOUSE, NECHOOR P.O., PIRAVOM. BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE BY ADVS. SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.ARUL KUMAR.P SRI.LOWEL CHERIAN RESPONDENT(S): ------------------------- 1. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KAKKANAD, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB-DIVISION, MULAMTHURUTHY P.O., ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/072011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21393/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE THAT PETITIONER IS A SKILLED WORKER DTD. 30.9.1981. P2:- COPY OF THE CERTIFICATE ABOUT PETITIONER AS SKILLED WORKER DTD. 12.8.1995. P3:- COPY OF THE CERTIFICATE ABOUT PETITIONER AS SKILLED WORKER DTD. 22.2.1996. P4:- COPY OF THE PETITION ALLOW HIGHER GRADE OF SKILLED WORKER DTD. 1.2.03. P5:- COPY OF THE PETITION FROM PETITIONER'S WIFE DTD. 23.5.2003. P6:- COPY OF THE ORDER NO.A2-3198/99 OF IST RESPONDENT DTD. 31.7.2003. P7:- COPY OF THE PETITION FROM PETITIONER DTD. 8.8.03. P8:- COPY OF THE PETITION SENT TO THE 2ND RESPONDENT DTD. 6.2.04. P9:- COPY OF THE PETITION SENT TO THE 2ND RESPONDENT DTD. 15.11.05. P10:- COPY OF THE PETITION SENT TO THE 2ND RESPONDENT DTD. 5.4.06. P11:- COPY OF THE PETITION SENT TO THE 2ND RESPONDENT WITH COPY TO R1 DTD. 29.5.07. P12:- COPY OF THE PAY FIXATION ORDER BY 2ND RESPONDENT DTD. 4.2004. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21393 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of July, 2011. J U D G M E N T The petitioner entered service in 1970. He became a skilled worker with effect from 1979. But, he was not given benefits of absorption as a skilled worker. He retired from service on 30.6.2003. But, one month after the retirement, by Ext. P6 order, the petitioner was sanctioned higher grade as a skilled worker with effect from 12.4.1979 but restricting monetary benefits of the same from 18.3.1999 till his retirement on 30.6.2003. The petitioner's grievance in this writ petition is that Ext. P6 order has not been implemented and the monetary benefits disbursed to the petitioner. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or other appropriate writ, order or direction, commanding the respondents to disburse the benefits granted to the petitioner as per Ext. P6, ie: to re-fix his pay in the higher grade scale of Rs. 775-1160 of skilled worker notionally from 12.4.79 upto 17.3.99 and to work out monetary benefits on that basis from 18.3.99 to 30.6.03 and to pay arrears of pay and pension accordingly, within a short specified time; (ii) to declare that the petitioner is entitled to get all the benefits re-fixed and disbursed on the basis of Ext. P6, as stated above, within a specified time.” 2. A counter affidavit has been filed by the 1st respondent, wherein the contention taken is that on further review of Ext. P6 order, it was revealed that the petitioner is not eligible for the monetary benefits granted by Ext. P6 order. W.P(C) No. 21393 of 2007 -: 2 :- According to them, such benefits are only payable to regularized CLR workers and the petitioner is not a regularized CLR worker. 3. I have considered the rival contentions in detail. 4. Except a vague statement in paragraph 5 of the counter affidavit that on further review of Ext. P6 order, it was revealed that the petitioner is not eligible for the monetary benefits of Ext. P6, it is not even stated that Ext. P6 order has been cancelled by another order. Therefore, I am inclined to hold that Ext. P6 order still survives. If that be so, the petitioner is entitled to the benefits including monetary benefits flowing from Ext. P6 order. Accordingly, the respondents are directed to disburse to the petitioner the monetary benefits arising from Ext. P6 order, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioner's retirement benefits shall also be re-fixed in the scale of pay as per Ext. P6 and arrears of retirement benefits arising therefrom shall also be disbursed within the above said period. The writ petition is allowed as above. S. Siri Jagan, Judge. Tds/