High Court Kerala High Court

V.Vasudevan vs State Of Kerala on 9 October, 2009

Kerala High Court
V.Vasudevan vs State Of Kerala on 9 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19765 of 2007(C)


1. V.VASUDEVAN, RETD.SKIPPER, VARSHA VIHAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE KERALA STATE CO-OPERATIVE FEDERATION

3. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.K.R.KURUP

                For Respondent  :SRI.P.K.VIJAYAMOHANAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/10/2009

 O R D E R
                      ANTONY DOMINIC, J.
             --------------------------------------------------
                W.P.(C) NO.19765 OF 2007 (C)
             --------------------------------------------------
           Dated this the 9th day of October, 2009

                          J U D G M E N T

Challenge in this writ petition is against Exts.P4 and P7.

2. In so far as the challenge against Ext.P4 is concerned, the

grievance of the petitioner is confined to clause 5(2) wherein it is

provided that financial benefits including arrears of salary etc. will

be granted only with effect from 26.2.2007. In WP(c).

No.16475/07 & connected cases by judgment dated 26.8.2009,

this court has already set aside the aforesaid provision in Ext.P4

and therefore the challenge against Ext.P4 stands covered in

favour of the petitioner by virtue of the judgment referred to

above.

3. In so far as Ext.P7 is concerned, by this order, petitioner

has been posted as a Skipper subject to the condition that his pay

will be fixed in the scale 2610-3680 which is applicable to last

grade employees. His complaint is that as a Skipper he was in

command of the vessel enjoying enjoying disciplinary control of

other employees working in the vessel. It is stated that despite

this, in Ext.P7 employees like Assistant Engineer who were

WPC .No.19765/07
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working below the petitioner in the vessel have been fixed in the

lower scale of pay of Rs.6675-10550 where as the petitioner, who

was working in a higher category had been fixed in the scale of

pay as applicable to last grade employees. Ext.P8 is the duties

and responsibilities of a Skipper, which show that the Skipper is

in command of the vessel and enjoy disciplinary control as well. If

that be so, prima facie it would appear that by fixing the

petitioner’s pay at lower scale of pay, as compared even to his

subordinates, he has been discriminatory. Therefore, the

matter needs to be re-examined by the 3rd respondent, duly

adverting to the position held by the petitioner as a Skipper. The

matter shall be considered as above, as expeditiously as possible

within 2 months.

Writ Petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/