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The Managing Director, Matsyafed vide her letter read as 2nd paper above has reported that the majority of employees of defunct Kerala Fisheries Corporation, Kerala Fishermen Welfare Corporation W.P.(C ) No. 4998 of 2004 - T, and Kerala Inland Fisheries Development Corporation were absorbed in the Matsyafed and they were not allowed the benefit of grade promotion which was extended to the employees of the said Corporations absorbed in the Fisheries Department, as per Government Order read as first paper above. She has recommended that the grade promotions sanctioned to the employees of erstwhile Corporations under Liquidation absorbed in the Fisheries Department may be extended to those employees absorbed in the Matsyafed also.

Government have examined the matter in detail and are pleased to accord sanction extending the benefit enjoyed by the employees of the Fisheries Corporation, Kerala Fishermen Welfare Corporation and Kerala Inland Fisheries Development Corporation, absorbed in the Fisheries Department as per the Govt. Order read as Ist paper above, to the employees absorbed in the Matsyafed also, subject to the condition that the benefit will be with effect from the date of this order.

By order of the Governor, K.K.Vijayakumar, Principal Secretary to Govt.

To, The Director of Fisheries, Thiruvananthapuram The Managing Director, Matsyafed, Thiruvananthapuram The Accountant General (A & E Audit) this issues with the concurrence of Finance Department The Finance Department (Vide U.O. No.103125/PUc3/02/Fin dated 14-2-2003.

3. The factual issues involved in the above Writ Petitions are not in dispute and no counter affidavit has been filed by the respondents so far. The petitioners, who were originally appointed as L.D. Clerk and Peon in the Fisheries Department, were later absorbed in Matsyafed and depending upon the pay revision that had come into force on account of the 5th Pay Revision Commission as well as the other directions issued by the Government, the same were adopted by the Matsyafed and appropriate revision in pay scale has been granted to the petitioners from time to time. Payments were also effected. The petitioners were also given time bound higher grade scale in W.P.(C ) No. 4998 of 2004 - T, accordance with the Government Orders as well as the decision taken by the Matsyafed from time to time. However, by Ext. P10 order, the Government restricted the monetary benefits from the date of the said order i.e. from 4-3-2003. Petitioners challenge Ext. P10, inter alia, contending that it is absolutely discriminatory and no specific reasons had been stated to restrict the monetary benefits from 4-3-2003.