IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 16803 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. P.A.GOPALAN, AGED 52 YEARS, S/O.APPUKUTTAN, S.L.R., KANHIRAPUZHA IRRIGATION PROJECT SEC.111/1, SREEKRISHNAPURAM WATER RESOURCES DEPARTMENT, PALAKKAD, RESI: POOTHAMKODI, PANTHODI, P.O.KANGAD, PALAKKAD. 2. U.HAMZA, 54 YEARS, S/O.MOHAMMED, S.L.R. SEC.11/1, KANHIRAPUZHA IRRIGATION PROJECT, SREEKRISHNA PURAM, WATER RESOURCES DEPARTMENT, PALAKKAD RESI: OORAKATHODI, POST TRIKKALOR MANNARGHAT, PALAKKAD. 3. K.RAMAKRISHNAN, AGED 58 YEARS, S/O.NARAYANAN NAIR, S.L.R, KANHIRAPUZHA IRRIGATION PROJECT SEC.111/1, SREEKRISHNAPURAM, WATER RESOURCES DEPARTMENT, PALAKKAD RES: PUTHENVEEDU, PARPARA, SREEKRISHNAPURAM, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVT. OF KERALA, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, K.P.I.P DIVISION NO.1, P.O.KANJIRAPUZHA, PALAKKAD DISTRICT. 4. THE ASSISTANT ENGINEER, K.P.I.P CANAL SUB DIVISION NO.1, SREEKRISHNAPURAM, PALAKKAD. GOVERNMENT PLEADER SHRI P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF GO DATED 19.8.2007 ISSUED BY R1 EXT.P2-TRUE COPY OF PROCEEDINGS OF THE ASST. ENGINEER KPIP SECTION, KANJIRAPPUZHA. EXT.P2(A) DO.DO. EXT.P2(B) DO. DO EXT.P3-TRUE COPY OF PROCEEDINGS OF ASST. EXE. ENGINEER, PWD DATED 28.5.07 EXT.P3(A)- DO. OF CHIEF ENGINEER, DT.25.4.07 EXT.P3(B)- DO. DATED 25.4.07 EXT.P3(C)- DO. DATED 25.4.07 EXT.P5-TRUE COPY OF LETTER OF ASST. EXE. ENGINEER DATED 10.12.07 EXT.P5(A)-LETTER OF DO. DATED 1.3.08 EXT.P5(B) DO. DATED 18.3.08 EXT.P6-TRUE COPY OF SEASON LABOUR ROLL NO.31 EXT.P7-TRUE COPY OF GO DATED 12.11.08 ISSUED BY GOVERNMENT RESPONDENTS' EXTS: EXT.R2(A)-TRUE COPY OF GOVT. LETTER DATED 5.10.07 EXT.R2(B)- GO DATED 21.6.89 EXT.R2(C)- GO. DATED 28.6.04 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16803 of 2008-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009. JUDGMENT The petitioners have been working as S.L.R. workers in the Irrigation Department. Subsequent to the filing of the writ petition the third petitioner retired from service. They have filed this writ petition aggrieved by the denial of the benefits of pay revision order of the year 2006, especially weightage of past service and fitment benefit. They are also aggrieved by the denial of the benefits of periodic D.A. 2. Along with I.A.No.61/2009, the petitioners have produced Ext.P7 order dated 12.11.2008 passed by the Government, whereby the Government accorded sanction to fix the pay of S.L.R. Workers in the revised scales with fitment benefit and weightage. Learned counsel for the petitioners submits that going by the said order passed by the Government, the petitioners are entitled to the various benefits, since they are also covered by the said order. It is pointed out that only because of the pendency of this writ petition, that reliefs are not being granted to them. 3. Therefore, there will be a direction to the second respondent to consider the grievance raised by the petitioners in the light of Ext.P7 order WPC 16803/2008 2 passed by the Government and disburse the due benefits, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/