IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 31614 of 2008(L) ------------------------------------ PETITIONER(S): ----------------------- 1. G.SADASIVAN ASARI, (RETIRED CARPENTER P.W.D) NOW RESIDING AT LEKSHMI VILAKOM VEEDU, PUNNACKAMUGAL, ARAMAD P.O THIRUVANANTHAPURAM - 32. 2. N.KUNJUKRISHNAN ASARI (RETIRED CARPENTER IRRIGATION DAM SECTION) NOW RESIDING AT SAJEEV BHAVAN, KRISHNA NAGAR-63, PEROORKADA P.O., THIRUVANANTHAPURAM - 5. BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE BY ADV.MR.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D.(ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31614/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.83731/85/EE-1 DT. 20.11.85 ISSUED BY THE CHIEF ENGINEER, GENERAL (PWD) TRIVANDRUM. P2:- COPY OF THE JUDGMENT DT. 23.3.04 IN OP. 3057/01 (L) PASSED BY THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM. P3:- COPY OF THE GOVERNMENT ORDER NO.GO(RT) NO.85/05/PWD DT. 20.1.05 ISSUED BY THE GOVERNMENT. P4:- COPY OF THE REPRESENTATION DT. 29.6.07 SUBMITTED BY THE IST PETITIONER BEFORE THE CHIEF ENGINEER , PWD, THIRUVANANTHAPURAM. P5:- COPY OF THE REPRESENTATION DT. 23.9.08 SUBMITTED BY THE 2ND PETITIONER BEFORE THE CHIEF ENGINEER, IRRIGATION, THIRUVANANTHAPURAM. P6:- COPY OF THE GOVERNMENT ORDER NO.22609/B3/09 PWD DT. 7.3.08 ISSUED BY THE GOVERNMENT. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 31614 of 2008 --------------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioners were originally appointed as Carpenters in the earstwhile P.W.D.Engineering Workshop at Chakkai, on 2.1.1967. They were regularized in service with effect from 1.7.1969. While the petitioners were working in the P.W.D. Engineering Workshop at Chakkai, the Government converted the same as a Company under the Indian ‘Companies Act’ under the name and style ‘Kerala State Engineering Works Limited’. The terms and conditions in respect of employees were specifically provided. The petitioners contend that in the light of the above, the employees of the Engineering Workshop which is converted as a Company will get all service benefits in the newly formed Company also. 2. The Company was ordered to be wound in the year 1985. After the winding up of the same, the employees of the Company were ordered to be absorbed in the respective cadres in the Public Works Department. Later by Ext.P1 order of the Chief Engineer petitioners were appointed as Carpenters in the drydeck workshop under Mechanical Sub Division Alleppy. As wpc: 31614 of 2008 2 regards the petitioners and similarly placed persons, their services were regularized in the PWD only from the date of joining duty in the department from the defunct Company. But in the case of employees who joined the Company, directly, the Kerala State Engineering works Limited, they were given all benefits from their date of entry in service in the Company. Thus an anomaly occurred in the matter of treatment meted out to the employees. As regards two employees who were similarly placed as that of the petitioners, the issue was decided by this Court in Ext.P2 judgment. Therein this Court held as follows: “It is clear that the intention of the Government was to absorb the employees of the company in the corresponding grades. So, the claim of the petitioners is that they should be given all the benefits enjoyed by the employees of the Public Works Department from the date of their first appointment, i.e. 25.11.1968 and 23.8.1973. The claim of the petitioners appears to be reasonable. As per Ext.P20 they are entitled to the benefits only from the date of absorption. Ext.P20 is, therefore, quashed. The respondents are directed to issue fresh orders in the light of the observation contained in this judgment.” wpc: 31614 of 2008 3 3. Thereafter, the above direction was implemented by Ext.P3. Thus various similarly placed persons have been given the benefit of judgment. Seeking for similar reliefs 1st petitioner has filed Ext.P4 representation and 2nd petitioner has filed Ext.P5. These representations where answered by Ext.P6 stating that the special privilege given to any body on the basis of specific court order cannot be given general applicability. The same is under challenge in this writ petition. 4. Heard the learned senior counsel Sri.N.Nandakumara Menon and the learned Government Pleader. The learned Senior Counsel by relying upon the judgment of the Apex Court in Maharaj Krishan Bhatt Vs. State of J & K [2008 (9) SCC 24] and a judgment of this Court in Somukuttan Nair Vs. State of Kerala [1997(1) KLT 601] contended that, when a decision has attained finality, the State should have granted similar benefits to petitioners. The Apex Court in the decision cited above, held that State cannot deny benefit to similarly placed persons. In Somukuttan Nair's case this Court held that, “ in service matters Government is bound to take a uniform view. When the Court declared the law the Government is bound to implement the same uniformly to all the officers concerned.” wpc: 31614 of 2008 4 In that view of the matter the stand taken by the Government in Ext.P6 cannot be said to be correct. Therefore, Ext.P6 is quashed. The case of the petitioners will be re-examined in the light of Ext.P2 judgment and in the light of Ext.P3 order passed by the Government. Consequential orders will be passed within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps