IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 30833 of 2008(S) -------------------------- OA.494/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE & CO-OPERATION, GOVERNMENT SECRETARIAT, KRISHI BHAVAN, NEW DELHI-110002. 2. THE DIRECTOR, CENTRAL INSTITUTE OF FISHERIES, NAUTICAL & ENGG.TRAINING FINE ARTS AVENUE, KOCHI-16. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: --------------- 1. A.R.PADMANABHAN, TECHNICAL ASSISTANT (DRAWING), CENTRAL INSTTITUTE OF FISHERIES NAUTICAL & ENGG. TRAINING, KOCHI-682016. 2. M.V.NARAYANAN, TECHNICAL ASSISTANT (ENGINES)CENTRAL INSTITUTE OF FISHERIES NAUTICAL & ENGG. TRAINING, KOCHI-682016. 3. SMT.KALAIYARASI, TECHNICAL ASSISTANT (CRAFT & GEAR), CENTRAL INSTITUTE OF FISHERIES NAUTICAL & ENGG.TRAINING, KOCHI-682016. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.30833 OF 2008 ---------------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondents in O.A.No.494/2007 before the Central Administrative Tribunal, Ernakulam Bench, are the writ petitioners. The respondents herein were the applicants in that O.A. The Original Application was filed claiming the grant of scale of pay Rs.5,000-8,000/- with effect from 1.1.1996. The applicants were Technical Assistants in CIFNET, the Director of which is the 2nd respondent herein. Though, they claimed financial upgradation in the scale of Rs.5,000-150-8,000 with effect from 1.1.1996, but, it was granted only with effect from 2003. They claimed retrospective effect for the upgradation from 1.1.1996. In support of their claim, they relied on the order of the C.A.T. in O.A.No.493/2004. But, the petitioners contended that the said decision will apply only to the applicants in that O.A. The applicants also relied on a decision of the 2nd respondent to grant upgradation with effect from 1.1.1996 in W.P.(C) No.30833/2008 2 the unit of CIFNET in Tamil Nadu. The said decision was taken pursuant to the order of the C.A.T, Madras Bench, to consider their claim for upgradation with retrospective effect. In the present O.A., the CAT taking into account the above facts granted upgradation with effect from 1.1.1996. The judgment in O.A.No.493/2004 dated 23.10.2006 has become final also, in the absence of any challenge against it before this Court. 2. In view of the above facts, we find nothing illegal or irrational about the decision of the C.A.T. directing the writ petitioners herein to grant upgradation to the applicants/respondents with retrospective effect from 1.1.1996. No illegality or irregularity has been brought out in this writ petition. Accordingly, the writ petition fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps