V.P.Rajagopalan vs State Of Kerala

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Kerala High Court

V.P.Rajagopalan vs State Of Kerala

Bench: A.M.Shaffique

        

 
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

                 WP(C).No. 4998 of 2004 (T)
                 ---------------------------

PETITIONER(S):
--------------
          1. V.P.RAJAGOPALAN,
       S/O.LATE C.G.MENON, AGED 56, SENIOR ASSISTANT
       MATYSA FED DISTRICT OFFICE, TRISSUR.

         2. P.D.RAPHAEL,
      AGED 53 YEARS, ICE MAN, MATSYA FED DISTRICT OFFICE
      TRISSUR.

      BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)

RESPONDENT(S):
-------------

         1. STATE OF KERALA, REP. BY
      CHIEF SECRETARY TO GOVERNMENT SECRETARIAT
      TRIVANDRUM.

         2. THE KERALA STATE CO-OPERATIVE
      FEDERATION FOR FISHERIES DEVELOPMENT LTD.
      (MATSYA FED) TIVANDRUM, REP. BY ITS
      MANAGING DIRECTOR.


    BY ADV. GOVERNMENT PLEADER   SRI. S. JAMAL FOR R1


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON   26-02-2015, ALONG WITH   OP. 2944/2003, OP. 3414/2003,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                APPENDIX


           PETITIONERS' EXTS:


EXT.P1:   TRUE COPY OF THE ORDER DATED 12-4-
1991 BY THE FIRST RESPONDENT

EXT.P2:   TRUE COPY   OF THE ORDER DATED 8-11-
1995 BY THE FIRST RESPONDENT

EXT.P3:   TRUE COPY OF THE ORDER DATED 24-4-
1997 ISSUED BY SECOND RESPONDENT

EXT.P4:   TRUE COPY OF THE ORDER DATED 29-4-
1997 ISSUED BY SECOND RESPONDENT

EXT.P5: TRUE COPY OF THE CIRCULAR DATED 15-4-
1998 ISSUED BY THE 2ND RESPONDENT

EXT.P6:   TRUE COPY   OF   THE   GOVERNMENT   ORDER
DATED 18-6-2001

EXT.P7:   TRUE COPY OF THE LETTER DATED 4-09-
2001 OF ACCOUNTANT GENERAL, KERALA

EXT.P8: TRUE COPY OF THE LETTER DATED 18-10-
1997 BY THE DISTRICT OFFICER TO THE GENERAL
MANAGER, MATSYAFED

EXT.P9:   TRUE COPY OF THE JUDGMENT DATED 17-
12-2002 IN O.P. NO. 34098/2002


EXT.P10:   TRUE COPY OF TH EORDER DATED 4-3-
2003 ISSUED BY THE FIRST RESPONDENT

EXT.P11: TRUE COPY OF THE ORDER DATED 11-08-
2003 ISSUED by the FIRST RESPONDENT

EXT.P12:   TRUE COPY OF THE ORDER DATED 4-09-
2003 ISSUED BY 2ND RESPONDENT

                          A.M. SHAFFIQUE, J.

              ............................................................
                   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

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