IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 82 of 2010(M)
1. P.G.ALICE MILAND, ASSISTANT,
... Petitioner
2. P.S.LALITHAKUMARI,ASST,COIR BOARD,
3. S.SANTHA BAI, ASSISTANT COIR BOARD,
Vs
1. COIR BOARD, REPRESENTED BY THE
... Respondent
2. CHAIRMAN, COIR BOARD,
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :07/06/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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R.P.No.82 OF 2010
in
W.P.(C)No.27002 of 2010
---------------------------------
DATED THIS THE 7th DAY OF JUNE, 2010
ORDER
This Review Petition is filed by the petitioners in the Writ
Petition seeking a review of the judgment and to direct the
respondents to grant arrears in the revised scale of pay of
Rs.5000-8000 for the period from 19.3.1996 to 20.1.2006,
18.3.1996 to 20.1.2006 and 3.4.1996 to 20.1.2006 respectively
in respect of review petitioners 1, 2 and 3.
2. Heard parties. Before going into the details, the
findings rendered in the judgment and the directions therein are
relevant to be considered. In paragraph 6 of the judgment this
Court held that the petitioners can be granted fixation with effect
from 1.1.1996. But, still the petitioners confine the benefit of
fixation from 19.3.1999 and accordingly the Writ Petition was
disposed of directing the respondents to issue modified order in
the place of Exhibit P8 to Exhibit P8(B) granting the benefit of
fixation from 19.3.1999 without any arrears during the period
upto 1.1.2008. It was also specified that they will be granted
R.P.No.82/10 -2-
notional fixation and the benefit of increment, etc. so that they
will get the benefit due by way of fixation from 1.1.2008. These
directions were issued in the light of the averments in paragraph
4 of the counter affidavit that the scale of pay of Rs.5000-8000
was implemented in the Coir Board with effect from 1.1.2008
with the benefit of fixation only with effect from 1.1.1996 without
arrears after obtaining an undertaking from the concerned
employees.
3. It is averred in paragraph 14 of the Review Petition
that the Board had since implemented Annexure IV judgment
confirmed by Annexure V in the scale of pay of Rs.5000-8000 to
all categories of employees covered by Annexure III letter and
further extracted in page 1 of Annexure IV judgment, with effect
from 1.1.1996, except the three review petitioners. All of them
including Stenographers Grade II, Hindi Translator, etc. likewise
the Assistants were also granted arrears with effect from
1.1.1996. It is averred in paragraph 15 of the Review Petition
that the review petitioners have been denied the arrears from
1996 by the respondents placing reliance on the judgment sought
to be reviewed. It is in the light of these developments that the
R.P.No.82/10 -3-
review petitioners are seeking review of the judgment.
4. Notice was issued to the respondents and they have
filed a counter affidavit also. In the counter affidavit filed by the
respondents various aspects have been pointed out with regard
to the claim raised by the petitioners. But, the specific points
raised in paragraphs 14 and 15 have not been directly answered
in the counter affidavit filed by the respondents. The crucial
issue is whether other similarly placed employees were granted
the benefit from 1996 and the review petitioners are being denied
the benefit based on the directions issued in the judgment.
5. Therefore, when the matter was heard last time, it was
directed to inform this Court whether the respondents have
disbursed the arrears in respect of others, by implementing the
same scale of pay. Today, when the matter came up for hearing,
it was submitted on behalf of respondents that other employees
were disbursed the benefits in the light of the various directions
issued in the judgments concerning them from 1.1.1996.
6. In that view of the matter, the petitioners who are
similarly placed are entitled for the same benefit. The benefit
was denied to them only in the light of the averments contained
R.P.No.82/10 -4-
in paragraph 4 of the counter affidavit filed by the respondents
that the scale of pay of Rs.5000-8000 was implemented in the
Coir Board with effect from 1.1.2008 without any arrears. Hence
there is an apparent error in the judgment. In the light of the
above, the review petition is disposed of, modifying Paragraph 7
of the judgment, in the following manner.
7. The review petitioners are entitled for the benefit of
the revised scale of pay of Rs.5000-8000 for the period from
19.3.1996 to 20.1.2006, 18.3.1996 to 20.1.2006 and 3.4.1996
to 20.1.2006 respectively. Appropriate modified orders will be
issued within a period of one month and arrears will be disbursed
within a further period of one month thereafter. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn