IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 38085 of 2007(H)
1. MATHEW THOMAS ,MACHINE OPERATOR
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF INDUSTRIES AND COMMERCE
3. THE DIRECTOR COMMON FACILITY SERVICE
For Petitioner :SRI.M.N.MATHEW
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :01/01/2008
O R D E R
V.GIRI, J
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W.P.(C)s. 38085/2007 & 38089/2007
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Dated this the 1st day of January, 2008
JUDGMENT
Petitioners in both these cases are employed in the
Industries Department. They are aggrieved by Ext.P4
order passed by the third respondent fixing their pay in
the post of Machine operators with effect from 19.9.1998.
They have challenged the same before the Government as
per Ext.P5 submitted on 8.10.2007 pointing out the
anomaly which crept in Ext.P4. They refer to Exts.P1,
P2 and P3 judgments to contend that they are entitled to
fixation of pay in the scale of pay of Machine operators as
on 19.9.1998 in the scale of Rs.1200-2040.
2. After having heard the learned Government Pleader
and having gone through the averments in the writ
petition as also Ext.P5, I am of the view that the first
respondent has to take a decision on Ext.P5.
3. In the circumstances, writ petition is disposed of
directing the first respondent to look into Ext.P5, hear the
W.P.(C)S.38085 & 38089/2007
2
petitioners and take a decision keeping in mind Exts.P1
to P3 judgments, within a period of three months from
the date of receipt of a copy of this judgment. If
petitioners’ claims are found acceptable, obviously
enforcement of Ext.P4 will be subject to the decision
taken by the Government as aforementioned.
V.GIRI,
Judge
mrcs