Document Fragment View

Matching Fragments

2. We heard the learned counsel for the appellant, the learned Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for respondents 2 and 3.

3. The appellant commenced his service as a Lower Division Clerk in the Revenue Department. Thereafter, he joined the Kerala Fishermen Welfare Corporation, where he is stated to have absorbed w.a.538/11 - : 2 :-

with effect from 5.7.1980. He continued in service even after the Corporation became Matsyafed, the 2nd respondent. While so, he staked a claim for the benefit of five advance increments that was due to him. The claim was rejected and, therefore, he approached this Court by filing W.P.(C).No.36521/2003. During the pendency of the Writ Petition, on an application made by the appellant, he voluntarily retired from service with effect from 16.1.2006.

4. Subsequently, W.P.(C).No. 36521/2003 was heard and disposed of by this Court by judgment dated 20th March, 2006 ( Ext.P5), wherein it was held thus.

"8. The result will be that the petitioner is entitled for relief No.(iii). There will be a direction to the 2nd respondent to grant the petitioner five advance increments with effect from 5.7.1980, on his first absorption to the Kerala Fishermen's Welfare Corporation. The Matsyafed will entertain a representation to be submitted by the petitioner regarding preservation of pay parity between the petitioner and Sri.Santhamohan. If the Matsyafed receives such a representation within one month of the petitioner receiving a copy of this judgment, they will consider that representation and pass appropriate orders bestowing as much sympathy as the same deserves. Before taking a decision on the representation, the Matsyafed shall hear the petitioner."

w.a.538/11 - : 4 :-

7. Operative portion of Ext.P13 reads thus:

"5. ..... Therefore, the claim for back arrears upon giving the advance increments is not a legally enforceable claim and the Federation is not in a position to concede to the demand. However, imbibing the true spirit of the decision of the Board of Directorsspecial of the Matsyafed dated 28.03.2007 and considering the circumstances warranting a sympathetic consideration to the claim of Sri.T.V.Hamzakoya on the one hand and the critical financial position of the Matsyafed on the other, it is felt that a reasonable and logical decision balancing the conflicting interests of Sri.T.V.Hamzakoya to get the back arrears consequent on fixation of advance increments and the critical financial position of Matsyafed will be one to disburse 50% of the back arrears to Sri.T.V.Hamzakoya, if heordered tothat ought be entitled for the same. Accordingly, it is Sri.T.V.Hamzakoya be paid a lumpsum amount of Rs. 1,50,000/- which is above 50% of the back arrears in full and final settlement of the amount payable to Sri.T.V.Hamzakoya, pursuant to the decision of the Board of Directors of Matsyafed as resolved in its Resolution No.360/2007 dated 28.03.2007.