Kerala High Court
Unknown vs Present on 12 April, 1991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 31ST DAY OF JANUARY 2018 / 11TH MAGHA, 1939
WP(C).No. 4998 of 2004
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PETITIONER(S)
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1 V.P. RAJAGOPALAN,
S/O. LATE C.G. MENON, AGED 56,
SENIOR ASSISTANT, MATYSA FED,
DISTRICT OFFICE, THRISSUR.
2 P.D. RAPHAEL,
AGED 53 YEARS, ICE MAN,
MATSYA FED, DISTRICT OFFICE,
THRISSUR.
BY ADV.SRI.GEORGE CHERIAN (THIRUVALLA).
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO
GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. THE KERALA STATE CO-OPERATIVE
FEDERATION FOR FISHERIES DEVELOPMENT LTD.,
(MATSYA FED), TRIVANDRUM, REPRESENTED BY ITS
MANAGING DIRECTOR.
R1 BY SR. GOVT. PLEADER SRI.B. VINOD.
R2 BY SRI.SHYAM KRISHNAN, SC.
SRI.T.P.PRADEEP, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-01-2018, ALONG WITH W.P.(C)NO.2944 OF 2003 AND
W.P.(C)NO.3414 OF 2003, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
rs.
WP(C).No. 4998 of 2004
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 COPY OF THE ORDER DATED 12/04/1991 BY FIRST RESPONDENT.
EXT.P2 COPY OF THE ORDER DATED 08/11/1995 BY FIRST RESPONDENT.
EXT.P3 COPY OF THE ORDER DATED 24/04/1997 ISSUED BY THE SECOND RESPONDENT.
EXT.P4 COPY OF THE ORDER DATED 29/04/1997 ISSUED BY SECOND RESPONDENT.
EXT.P5 COPY OF THE CIRCULAR DATED 15/04/1998 ISSUED BY 2ND RESPONDENT.
EXT.P6 COPY OF THE GOVERNMENT ORDER DATED 18/06/2001.
EXT.P7 COPY OF THE LETTER DATED 04/09/2001 OF ACCOUNTANT GENERAL,
KERLA.
EXT.P8 COPY OF THE LETTER DATED 18/10/1997 BY DISTRICT OFFICER TO
GENERAL MANAGER, MATSYAFED.
EXT.P9 COPY OF THE JUDGMENT DATED 17/12/2002 IN OP.NO.34098/2002.
EXT.P10 COPY OF THE ORDER DATED 04/03/2003 ISSUED BY FIRST RESPONDENT.
EXT.P11 COPY OF THE ORDER DATED 11/08/2003 ISSUED BY THE FIRST RESPONDENT.
EXT.P12 COPY OF THE ORDER DTED 04/09/2003 ISSUED BY 2ND RESPONDENT.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.M. SHAFFIQUE, J.
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W.P. (C ) No. 4998 of 2004 - T,
O.P. No. 3414/2003
& O.P. No. 2944of 2003
..............................................................
Dated : 26 - 02 - 2015
JUDGMENT
Petitioners in the above cases are persons who were originally employed in Kerala Fisheries Corporation, a Government of Kerala Undertaking, which was later absorbed by Matsyafed. The persons who were working in Kerala Fisheries Corporation were given option to continue in the Fisheries Department or the State Co-operative Federation for Fisheries Development Ltd. (Matsyafed), as the case may be. Though the petitioners opted to continue in the Fisheries Department, in the absence of sufficient vacancies, petitioners were forced to remain in Matsyafed. During the course of employment, petitioners W.P. (C ) No. 4998 of 2004 - T, O.P. No. 3414/2003 & O.P. No. 2944of 2003 2 were given revision of pay scale and time bound higher grade based on different Government Orders which were approved by the resolutions passed by the Matsyafed as well. However, ultimately, by a Government Order dated 4-3-2003, (Ext. P10 in W.P.C. No. 4998/2004), Government passed the following Order:-
GOVERNMENT OF KERALA Abstract b