Kerala High Court
P.D.Joseph vs State Of Kerala on 17 May, 1996
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF JUNE 2014/27th JYAISHTA, 1936
WP(C).No. 2649 of 2011 (E)
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PETITIONER(S):
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1. P.D.JOSEPH, S/O.DEVASSY,PARAPPILLY HOUSE
NJARAKKAL P.O., KOCHI.
2. V.R.LENIN, S/O.RAGHAVAN,
VALIYAKULAM HOUSE, ELAMKUNNAPUZHA P.O., KOCHI.
3. P.C.PRABHAKARAN, AGED 51 YEARS,
S/O.CHATHAN, PANAKKAVELIYIL, PERUMPALAM P.O.
4. P.N.SUBRAMANIAN, S/O.NARAYANAN,
PANDIKASALAKKAL HOUSE, NARAKKAL P.O., KOCHI.
5. K.V.RAVEENDRAN, S/O.VELAYUDHAN,
KODOKKY HOUSE, PEECHI P.O., THRISSUR DISTRICT.
6. K.N.PRASAD, S/O.NARAPPAN,
KUNJUVEETTIL HOUSE, NARAKKAL P.O.
7. A.K.SANTHOSH, S/O.KRISHNAN KUTTY,
ANJILISSERY, NARAKKAL P.O., KOCHI.
8. P.K.SUKUMARAN, S/O.KRISHNAN,
PULIKKAL HOUSE, NARAKKAL, KOCHI.
9. P.J.YOHANNAN, S/O.JOSEPH,
PUNNAVELI HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT.
10. JAYENDRAN JAYAPPAN, S/O.VIJAYAN,
VADAKKEKUTTY, ELAMKUNNAPUZHA, NARAKKAL
KOCHI.
11. P.P.SURESH, S/O.PEETHAMBARAN,
PANIKKASSERY, NARAKKAL.
12. S.G.APPUKUTTAN, SANTIKOL HOUSE,
CHERAI, VYPIN.
13. V.SURENDRAN, SREEBHAVAN (H),
PANAVALLI P.O., CHERTHALA.
BY ADVS.SRI.A.X.VARGHESE
SRI.A.V.JOJO
WP(C).No. 2649 of 2011 (E)
RESPONDENT(S):
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1. STATE OF KERALA, REP.BY SECRETARY,
FISHERIES & PORT DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM, PIN 695001.
2. THE MANAGING DIRECTOR, MATSYAFED,
MATSYABHAVAN, P.B.NO.821, KURAVANKONAM
THIRUVANANTHAPURAM- 695 003.
3. THE MANAGER, FISH FARM, MATSYAFED,
MALIPURAM, VYPIN, ERNAKULAM-682 503.
R1 BY GOVERNMENT PLEADER SMT M J RAJASREE
R2-3 BY ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
R2-3 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2649 of 2011 (E)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE OFFICE ORDER DATED 17.05.1996.
EXT.P2: COPY OF THE ORDER DATED 11.10.2001.
EXT.P3: COPY OF THE REPRESENTATION DATED 12.12.2001.
EXT.P4: COPY OF THE JUDGMENT DATED 26.11.2001 IN O.P.35882/2001 OF THE
HONOURABLE HIGH COURT.
EXT.P5: COPY OF THE NOTICE DATED 17.01.2002.
EXT.P6: COPY OF THE REPRESENTATION SUBMITTED ON 04.10.2005.
EXT.P7: COPY OF THE INTIMATION DATED 28.03.2006.
EXT.P8: COPY OF THE REPRESENTATION DATED 18.02.2009.
EXT.P9: COPY OF THE GOVERNMENT ORDER DATED 04.08.2000.
EXT.P10: COPY OF THE RELEVANT PAGES OF MATSYAFED AGENDA.
RESPONDENT'S EXHIBITS:
EXT.R2(a): COPY OF OFFICE ORDER NO.MATSYAFED/E1/4985/98 DATED
12.11.2001.
EXT.R2(b): COPY OF COMMUNICATION NO.. MATSYAFED/E2/5440/05 DATED
11.07.2006 ADDRESSED TO THE 1ST RESPONDENT.
EXT.R2(c): COPY OF COMMUNICATION NO...MATSYAFED/E2/5440/05 DATED
13.08.2007 ADDRESSED TO THE 1ST RESPONDENT.
EXT.R2(d): COPY OF COMMUNICATION NO...MATSYAFED/E2/5440/05 DATED
15.11.2007 ADDRESSED TO THE 1ST RESPONDENT.
EXT.R2(e): COPY OF COMMUNICATION NO...MATSYAFED/E2/5440/05 DATED
13.10.2009 ADDRESSED TO THE 1ST RESPONDENT.
EXT.R2(f): COPY OF COMMUNICATION NO...MATSYAFED/E2/5440/05 DATED
10.06.2010 ADDRESSED TO THE 1ST RESPONDENT.
/TRUE COPY/
P.A TO JUDGE
lSN
A.MUHAMED MUSTAQUE, J.
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W.P.(C). No. 2649 of 2011
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Dated this the 17th day of June, 2014
J U D G M E N T
Petitioners are permanent workers, working under the Matsafed, an Apex Cooperative Society. As per Ext.P7 dated 28.03.2006, a request was made by the Managing Director of Matsyafed to the Government. According to the petitioners, there are some anomalies in the pay-scale of farm workers of the Matsyafed and, a request was made to rectify those anomalies and to re-fix the pay scale. Based on that, petitioners also approached the Managing Director to take necessary steps for re- fixation of their pay-scale after correcting the anomalies. The grievance in this writ petition is that in spite of such request having been made, no steps were taken to rectify such mistakes and re-fix the pay scales.
2. On behalf of the respondents 2 and 3, a counter affidavit also has been filed.
3. However, the learned counsel for the Matsyafed would submit that it is a matter where the Government has to take a decision at appropriate level. As revealed W.P.(C). No. 2649 of 2014 2 from the records, petitioners have not approached the Government for redressal of their grievances.
If the petitioners approach the first respondent with a representation highlighting their grievances for re- fixation of pay within three weeks from today, the first respondent shall consider and pass appropriate orders after adverting to Ext.P7 within a further period of two months and after giving an opportunity to hear any oen among the petitioners.
Sd/-A.MUHAMED MUSTAQUE, JUDGE lsn