IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11675 of 2009(D) -------------------------- PETITIONER(S): --------------- K.R.KRISHNAN NAIR,EX-MACHINE OPERATOR, INDUSTRIES DEPARTMENT,RESIDING AT RAJI BHAVAN,ITHITHANAM P.O.,686 536, CHANGANACHERRY,KOTTAYAM DISTRICT. BY ADV. SRI.M.N.MATHEW RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, OFFICE OF THE DIRECTORATE OF INDUSTRIES AND COMMERCE,VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001. 3. THE ACCOUNTANT GENERAL (AUDIT/A & E), THIRUVANANTHAPURAM,695 039. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11675 of 2009 --------------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner is a directly recruited employee other wise than through Public Service Commission in the Common Facility Service Centre of the Industries Department of the Government of Kerala at Changanacherry. He had joined the service on 18.05.1970 as Machine Operator and retired on superannuation at the age of 55 years during the month of February 2003 as Machine Operator. The petitioner is receiving monthly pension under the Kerala Service Rules with effect from 01.03.2003. 2. The issue whether the persons like the petitioner are entitled for the benefits under the Kerala Service Rules was decided by this Court as per Ext.P1 judgment. They claimed benefits enjoyed by similar employees who were directly recruited through Public Service Commission. It was directed by this Court to regularise the services of the petitioners and to bring them under the purview of the Kerala Service Rules. It was further ordered that with effect from the date on which they are regularised and brought under the purview of the Kerala Service Rules, they must be denied the benefits under the wpc/11675/2007 2 Factories Act and similar enactments applicable to the employees of the factories. Even though a Writ Appeal was filed in 1992 that was dismissed. 3. The petitioner has got further grievance that in spite of the above directions the respondents did not implement the same in the true spirit which compelled some of the similarly placed affected employees to file O.P. No.27919 of 2001. This Court directed the respondents to render similar benefits to the petitioners therein from 19.9.1998, i.e. for a period of 3 years preceding the date of filing of the writ petition. Respondents have now granted certain benefits to one Sri.Antony Varghese, with effect from the date of entry in service. The said order is produced as per Ext.P2 order. A reading of Ext.P2 order shows that Sri.Antony Varghese, Dye Maker (Retd.), Common Facility Service Centre, Changanacherry was brought under the purview of Kerala Service Rules from the very date of entry in service and he is allowed the scale of pay of Machine Operator Common Facility Service Centre, Chanaganacherry from the date of his entry in service. He was directed to be paid the consequential monetary benefits from 19.9.1998 onwards. Claiming similar benefit based on the said order, the petitioner has filed Ext.P3 representation. wpc/11675/2007 3 There will be a direction to the 1st respondent to consider Ext.P3 in the light of Ext.P2 order and pass appropriate orders within a period of four months from the date of receipt of a copy of this judgment after hearing the petitioner. T.R.RAMACHANDARAN NAIR, JUDGE bps