Kerala High Court
V.P.Rajagopalan vs State Of Kerala
Author: A. Muhamed Mustaque
Bench: A.M.Shaffique, A. Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936
OP.No. 2944 of 2003 (A)
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PETITIONER(S):
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V.P.RAJAGOPALAN, S/O. LATE C.G.MENON,
AGED 56, SENIOR ASSISTANT, MATSYA FED DISTRICT
OFFICE, TRISSUR.
BY ADVS.SRI.GEORGE CHERIAN (THIRUVALLA)
SRI.ALEXY AUGUSTINE
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.
(MATSYAFED) KURAVANCONAM, TRIVANDRUM, REPRESENTED
BY ITS MANAGING DIRECTOR.
3. THE GENERAL MANAGER,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD.(MATSYAFED), KURAVANCONAM
TRIVANDRUM.
GOVERNMENT PLEADER SRI. SHYAMKUMAR
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
26-02-2015, ALONG WITH OP. 3414/2003, WPC. 4998/2004, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP.No. 2944 of 2003 (A)
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APPENDIX
PETITIONER'S EXTS:
EXT.P1: TRUE COPY OF THE STATEMENT OF
FIXATION OF PAY OF THE PETITIONER DATED 24-
08-1990 ISSUED by the 3RD RESPONDENT
EXT.P2: TRUE COPY OF TH EORDER DATED 12-4-
1991 ISSUED BDYT HE FIRST RESPONDENT
EXT.P3: TRUE COPY OF STATEMENT OF FIXATION
OF PAY IN THE REVISED PAY SCALE
EXT.P4: TRUE COPY OF THE ORDER DATED 8-12-
1993 ISSUED BY THE FIRST RESPONDENT
EXT.P5: TRUE COPY OF THE STATEMENT OF
FIXATION OF PAY IN THE REVISED SCALE
EXT.P6: TRUE COPY OF THE ORDER DATED 8-11-
1995 BY THE FIRST RESPONDENT
EXT.P7: TRUE COPY OF TH EORDER DATED 24-4-
1997 ISSUED BY THE SECOND RESPONDENT
EXT.P8: RUE COPY OF THE STATEMENT OF
FIXATION OF PAY IN THE REVISED SCALE DATED
ON 7-5-1997
EXT.P9: TRUE COPY OF THE ORDER OF IST
RESPONDENT DATED 18-6-2001
EXT.P10: TRUE COPY OF THE LETTER DATED 4-
09-2001 BY THE ACCOUNTANT GENERAL, KERALA
EXT.P11: TRUE COPY OF THE REPRESENTATION
DATED 7-10-1997 FILED BY THE PETITIONER AND
3 OTHERS
EXT.P12: TRUE COPY OF THE ORDER OF 2ND
RESPONDETN DATED 19-9-2002
OP.No. 2944 of 2003 (A)
EXT.P13: TRUE COPY OF THE LETTER DATED 18-
10-1997 BY the DISTRICT OFFICER TO R3
EXT.P14: TRUE COPY OF THE CIRCULAR DATED
15-4=1998 BY THE 2ND RESPONDENT
EXT.P15: TRUE COPY OF TH EORDER DATED 8-1-
2003
EXT.P16: TRUE COPY OF THE CIRCULAR DATED
16-11-1995 OF FISHERIES DIRECTOR OF
TRIVANDRUM
EXT.P16 A: TRUE COPY OF THE SCHEDULE
SHOWING THE PROMOTION POST IN KFC
EXT.P17: TRUE COPY OF THE SCHEDULE OF
EXISTING SCALE OF PAY AND REVISED SCALE OF
PAY VIDE G.O. P. NO. 3000/98/FIN. DATED 25-
11-1998
A. MUHAMED MUSTAQUE, J.
.........................................
O.P.No.2944 of 2003,
O.P.No.3414 of 2003 &
W.P.(C).No.4998 of 2004
..........................................
Dated this the 31st day of January, 2018.
JUDGMENT
The petitioners were absorbed into Matsya Fed as erstwhile employees of the Kerala Fisheries Corporation. Some of the employees of the Corporation were absorbed into Fisheries Department of the Corporation and some of them were absorbed into Matsya Fed. The Matsya Fed decided to extend time bound grade promotion benefits to those who have absorbed into Matsya Fed as envisaged in Ext.P2 Government Order produced in W.P. (C).No.4998 of 2004. It appears that the Matsya Fed entertained a doubt that it can only be extended to those who have been in the service of the Corporation via Fisheries Department. Accordingly, the Managing Director addressed the Government reporting that majority of the employees of the Kerala Fisheries Corporation were absorbed into Matsya Fed and they were not given the benefit of grade promotion which was extended to the employees of the said Corporation in the Fisheries Department. In fact, the petitioners who are directly absorbed into Matsya Fed enjoying that benefit. By Ext.P10 order produced in W.P. (C).No.4998 of 2004 Government decided to sanction such benefits to those who are directly absorbed in Mastya Fed, however, the benefit will be given with effect from the date of O.P.No.2944 of 2003, O.P.No.3414 of 2003& W.P.(C).No.4998 of 2004 2 order i.e., 4.3.2003. This resulted in a situation effecting recovery which was already being enjoyed by the employees who are directly absorbed into Matsya Fed.
2. In view of the fact that, those employees of the Corporation who were absorbed into Fisheries Department were enjoying the benefits of the Higher Grade, there is no reason to deny such benefits to the petitioners who are directly absorbed into Matsya Fed. The Government could not have treated them differently. Any how these employees were enjoying the benefit for a long period. In the light of the judgment of the Hon'ble Supreme Court in State of Punjab and others v. Rafiq Masih (White Washer) and others (2015 (4) SCC 334) such recovery is impermissible.
3. In view of the fact that the Government had agreed to give benefits from 4.3.2003 onwards, that shall be given to the petitioners. The recovery is set aside. Any amount is recovered from the petitioners, the same shall be returned to them. It is made clear that the petitioners are entitled for all benefits after 4.3.2003 onwards in terms of the Government order.
These writ petitions are disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
cl