IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10835 of 2009(Y) -------------------------- PETITIONER(S): --------------- A.M. THOMAS, EX-MACHINE OPERATOR, INDUSTRIES DEPARTMENT, RESIDING AT AYKARAMATTATHIL HOUSE, PAMPADY SOUTH P.O. 686 521, KOTTAYAM DIST. BY ADV. SRI.M.N.MATHEW RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -01. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE OFFICE OF THE DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM -01, 3. THE ACCOUNTANT GENERAL (AUDIT /A & E), THIRUVANANTHAPURAM -39. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- W.P(C).No.10835 of 2009 ----------------------------------------- Dated this the 2nd April, 2009 JUDGMENT The petitioner was recruited directly otherwise than through the Public Service Commission in the Common Facility Service Centre of the Industries Department of the Government of Kerala at Changanacherry. He entered in service on 24.7.1969 as Machine Operator and he retired from service in April, 2000. The petitioner, along with other similarly placed persons, had approached this Court by filing O.P.No.4878 of 1990, in which, the main relief sought for was for a direction that they were entitled to get equal pay to that of the similarly placed employees of the Centre recruited through PSC. It is pointed out that those employees were getting various benefits and were governed by the provisions of KSR. Ultimately, the Writ Petition was disposed of as per Exhibit P1 judgment. After considering the matter in detail, this Court directed the respondents to regularise the services of the petitioners and to bring them under the purview of the Kerala Service Rules. With effect from the said date they have WP(C).10835/09 2 to be denied the benefits under the Factories Act and similar enactments applicable to the employees in factories. But the directions have not been fully implemented, before his retirement from service. He is granted pension with effect from 1.5.2000, without reckoning his service from 24.7.1969 to 21.6.1993 either under the KSR or under the Factories Act. Subsequent Writ Petitions have been filed by similarly placed persons. Mention is made in respect of the judgment in WP(C). 27919/01. 2. Ultimately, the matter was considered by the Government and the benefit to a similarly placed person was granted as Exhibit P3. A reading of Exhibit P3 shows that the Government ordered that one Antony Varghese be brought under KSR from the very date of entry in service and he is allowed the scale of pay of Machine Operator, Common Facility Service Centre, Changanassery from the date of his entry in service. It is further ordered that he shall be eligible for the consequential monetary benefits from 19.9.1998 onwards only. The petitioner seeks for a similar relief and he has approached the Government by filing Exhibit P4 representation. WP(C).10835/09 3 3. The question has to be examined in the light of Exhibit P3 issued by the Government in the case of Antony Varghese, since the petitioner contends that he is similarly placed as that of him. In the result, the Writ Petition is disposed of directing the first respondent to consider and pass orders on Exhibit P4 within four months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE vgs.