IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11676 of 2009(D)
1. M.M.KURIAN, EX-MACHINE OPERATOR,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF INDUSTRIES AND COMMERCE,
3. THE ACCOUNTANT GENERAL (AUDIT A&E),
For Petitioner :SRI.M.N.MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :07/04/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 11676 of 2009
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Dated this the 7th day of April, 2009
JUDGMENT
The petitioner is a directly recruited employee other wise
than through Public Service Commission in the Common Facility
Service Centre of the Industries Department of the Government of
Kerala at Changanacherry. He had joined the service on 03.04.1978
as Machine Operator and retired on superannuation at the age of
55 years during the month of September 2003 as Machine
Operator. The petitioner is receiving monthly pension under the
Kerala Service Rules with effect from 01.10.2003.
2. The issue whether the persons like the petitioner are
entitled for the benefits under the Kerala Service Rules was
decided by this Court as per Ext.P1 judgment. They claimed
benefits enjoyed by similar employees who were directly recruited
through Public Service Commission. It was directed by this Court to
regularise the services of the petitioners and to bring them under
the purview of the Kerala Service Rules. It was further ordered
that with effect from the date on which they are regularised and
brought under the purview of the Kerala Service Rules, they must
be denied the benefits under the Factories Act and similar
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enactments applicable to the employees of the factories. Even
though a Writ Appeal was filed in 1992 that was dismissed.
3. The petitioner has got further grievance that in spite of the
above directions the respondents did not implement the same in
the true spirit which compelled some of the similarly placed
affected employees to file O.P. No.27919 of 2001. This Court
directed the respondents to render similar benefits to the
petitioners therein from 19.9.1998. i.e. for a period of 3 years
preceding the date of filing of the writ petition. Respondents have
now granted certain benefits to one Sri.Antony Varghese, with
effect from the date of entry in service. The said order is produced
as per Ext.P2. A reading of Ext.P2 order shows that Sri.Antony
Varghese, Dye Maker (Retd.), Common Facility Service Centre,
Changanacherry was brought under the purview of Kerala Service
Rules from the very date of entry in service and he is allowed the
scale of pay of Machine Operator Common Facility Service Centre,
Chanaganacherry from the date of his entry in service. He was
directed to be paid the consequential monetary benefits from
19.9.1998 onwards. Claiming similar benefit based on the said
order, the petitioner has filed Ext.P3 representation.
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There will be a direction to the 1st respondent to consider
Ext.P3 in the light of Ext.P2 order and pass appropriate orders
within a period of four months from the date of receipt of a copy of
this judgment after hearing the petitioner.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps