IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 27805 of 2009(U) --------------------------------------- PETITIONER(S): ---------------------- 1. K.P. HARIPRASAD, FIRST GRADE FRAFTSMAN, P.W.D. ROADS DIVISION, PALAKKAD -01. 2. T.G. SATHEESH BABU, SECOND GRADE DRAFTSMAN, P.W.D. ROADS DIVISION, THRISSUR-20. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-33. 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-033. 3. THE CHIEF ENGINEER, P.W.D. ADMINISTRATION, THIRUVANANTHAPURAM -33. R1 TO R3 BY GOVERNMENT PLEADERSRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27805/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES (PAGES 1 & 188) OF THE ORDER G.O.(P) NO.145/2006/FIN. DTD. 25.3.2006 IN ITEM NO.66. P2:- COPY OF THE RELEVANT PAGES (PAGES 1, 25 & 26) OF THE ORDER G.O.(P) NO.145/2006/FIN. DTD. 25.3.2006. P3:- COPY OF THE ORDER NO.EB4-12057/06 DTD. 6.9.07 ISSUED BY THE 3RD RESPONDENT. P4:- COPY OF THE ORDER NO.EB4(a)-9179/06 DTD. 16.8.07 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE REPRESENTATION FILED BY THE GENERAL SECRETARY OF THE PETITIONERS' ASSOCIATION BEFORE THE 3RD RESPONDENT DTD. 26.9.07. P6:- COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DTD. 24.2.07. P7:- COPY OF THE JUDGMENT DTD. 15.6.09 IN WPC. 23518/2008. P8:- COPY OF THE JUDGMENT DTD. 15.6.2009 IN WPC. 32859/07. P9:- COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DTD. 3.7.2009. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27805 OF 2010 (U) -------------------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T The issue raised in this writ petition is regarding the claim of the petitioners, who are First Grade Overseer and Second Grade Overseer for fixation of Higher Grade in the scale of pay as applicable to Assistant Engineer. This very issue was considered by this court and the claim raised in identical circumstances has been upheld by the judgment in WP(c).No.344102009 and connected cases. 2. Since the issue raised by the petitioners are thus covered in their favour by the aforesaid judgment, this writ petition is also disposed of quashing Exts.P3 and P4, upholding the petitioners' claim that they are entitled to the scale of pay of Assistant Engineer. Consequential orders shall be passed as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No.27805 /09 :2 :