IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 18197 of 2009(T) -------------------------------------- PETITIONER(S): --------------------- O.SURESH, MACHINE OPERATOR- GRADE II (TOOL ROOM), COMMON FACILITY SERVICE CENTRE & FUNCTIONAL INDUSTRIAL ESTATE, PAYYANAD, MANJERI, MALAPPURAM DIST. BY ADV. MR.VINOD VALLIKAPPAN SMT.K.R.SANGEETHA SMT.V.S.ARCHANA CHANDRAN RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR, COMMON FACILITY SERVICE CENTRE & FUNCTIONAL INDUSTRIAL ESTATE, PAYYANAD, MANJERI, MALAPPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, TRIVANDRUM. 3. THE GOVT. OF KERALA REP. BY THE SECRETARY TO THE GOVT. INDUSTRIES AND COMMERCE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 4. THE SECRETARY, PERSONAL AND ADMINISTRATION REFORMS ADVICE (C) DEPARTMENT, TRIVANDRUM. 5. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18197 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of June, 2009 JUDGMENT Heard Sri.Vinod Vallikappan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner was appointed as Machine Operator Grade-II on advice by the Kerala Public Service Commission, as per Ext.P1 order passed by the Senior Administrative Officer in the Directorate of Industries & Commerce. The petitioner joined duty on 22-9-2006. Relying on the Special Rules for the Kerala Industries Subordinate Service, 2001, the petitioner contends that there is only one cadre of Machine Operator and that all Machine Operators are entitled to the scale of pay of Rs. 6680-10790 (revised). The petitioner submits that pursuant to the direction issued by this Court in Ext.P3 judgment, the Government have extended the said benefit to Machine Operators who entered service on a provisional basis and were later regularized. He submits that claiming similar benefits, he has moved the Director of Industries and Commerce by submitting Ext.P6 representation dated 17-3-2008. In this writ petition, the petitioner inter alia seeks a direction to the second respondent to consider Ext.P6 representation and take W.P.(C) No. 18197/09 2 a decision thereon in the light of Ext.P3 judgment and Exts.P4 and P5 Government orders. 3. Ext.P6 representation was submitted more than one year back. Exts.P3, P4 and P5 disclose that there is only one category of Machine Operator and that similarly placed persons were allowed the scale of pay of Machine Operator with effect from the date of their entry in service. I am therefore of the considered opinion that the request made by the petitioner in Ext.P6 representation requires to be considered by the Director. I accordingly dispose of this writ petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P6 representation, in the light of the findings and observations in Ext.P3 judgment of this Court and Exts.P4 and P5 Government orders. Final orders on Ext.P6 shall be passed within three months from the date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment before the Director of Industries and Commerce. Needless to say the petitioner shall also be afforded a reasonable opportunity of being heard. The Director of Industries and Commerce shall, after orders are passed, communicate a copy thereof to the petitioner. P.N.RAVINDRAN, JUDGE. Tks