IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38085 of 2007(H) -------------------------- PETITIONER: ------------ MATHEW THOMAS ,MACHINE OPERATOR (THIRD HG) COMMON FACILITY SERVICE CENTRE CHANGANACHERRY, INDUSTRIES DEPARTMENT OF GOVERNMENT OF KERALA, RESIDING AT VECHOOKAROTTU HOUSE, VENKURINJI P.O., 686 510 MANIPUZHA, ERUMELY, KOTTAYAM DISTRICT. BY ADV. SRI.M.N.MATHEW RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE THE COMMISSIONER AND SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE OFFICE OF THE DIRECTORATE OF INDUSTRIES AND COMMERCE VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. THE DIRECTOR COMMON FACILITY SERVICE CENTRE, INDUSTRIES DEPARTMENT, CHANGANACHERRY INDUSTRIAL NAGAR P.O., 686 106. BY GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, ALONG WITH WP(C).38089/07,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s. 38085/2007 & 38089/2007 -------------------- Dated this the 1st day of January, 2008 JUDGMENT Petitioners in both these cases are employed in the Industries Department. They are aggrieved by Ext.P4 order passed by the third respondent fixing their pay in the post of Machine operators with effect from 19.9.1998. They have challenged the same before the Government as per Ext.P5 submitted on 8.10.2007 pointing out the anomaly which crept in Ext.P4. They refer to Exts.P1, P2 and P3 judgments to contend that they are entitled to fixation of pay in the scale of pay of Machine operators as on 19.9.1998 in the scale of Rs.1200-2040. 2. After having heard the learned Government Pleader and having gone through the averments in the writ petition as also Ext.P5, I am of the view that the first respondent has to take a decision on Ext.P5. 3. In the circumstances, writ petition is disposed of directing the first respondent to look into Ext.P5, hear the W.P.(C)S.38085 & 38089/2007 2 petitioners and take a decision keeping in mind Exts.P1 to P3 judgments, within a period of three months from the date of receipt of a copy of this judgment. If petitioners' claims are found acceptable, obviously enforcement of Ext.P4 will be subject to the decision taken by the Government as aforementioned. V.GIRI, Judge mrcs