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GANGADHARAN, CAULKER versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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GANGADHARAN, CAULKER v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 12349 of 2005(T) [2007] RD-KL 4487 (1 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12349 of 2005(T)

1. GANGADHARAN, CAULKER,
... Petitioner

2. SEBASTIAN KARDOS, CAULKER,

3. K.AKBARKUTTY, CAULKER,

4. K.ANIL KUMAR, CAULKER,

5. DINESAN P.R., CAULKER,

6. N.SUBASH, CAULKER,

7. K.RAJENDRAN, CAULKER,

8. BABY THOMAS, CAULKER,

9. K.RAJU CAULKER,

10. MOHAMMED KABEER, CAULKER,

11. SIBI JOSEPH, CAULKER,

12. K.K.PURUSHOTHAMAN, CAULKER,

13. E.M.JOHNY, CAULKER CHARGEMAN,

14. S.DARMAJAN, CAULKER CHARGEMAN,

Vs

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

2. THE DIRECTOR, STATE WATER TRANSPORT

For Petitioner :SRI.S.SANAL KUMAR

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :01/03/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 12349 of 2005 T

Dated, this the 1st day of March, 2007



J U D G M E N T

This writ petition is filed for a direction to the respondents to grant same scales of pay as given to NMR workers who were absorbed in the State Water Transport Department as Kaulkers. The case of the petitioners is that they were recruited as Kaulkers through PSC and when they joined in service there are already Kaulkrs who were originally NMR workers later absorbed in the service. The pay scale of NMR workers at the time of regularization in service was 825-875-1125, which was increased to 950-25-1100- 30-1590. According to the petitioners, the revised pay scale is granted to NMR workers regularized as Kaulkers based on direction issued by this Court. Even though petitioners are doing the same work, petitioners are not given the same pay scale granted to NMR workers regularized as Kaulkers. In other words, the short point canvassed by the petitioners is that equal pay should be paid for equal work. Even though counter affidavit is filed stating that pay revisions are done periodically based on recommendation of the pay revision commission accepted by the Government, the petitioners' allegation of discrimination is not dealt with. The learned W.P.(C)No. 12349/2005 -Page numbers- Government Pleader submitted that originally the pay scale was introduced on 01/07/1988 and all petitioners joined service after the said date, even though in the same pay scale. However, the petitioners' case is that discrimination happened only after pay revision was given to the regularized NMR workers without considering petitioners' case. Persons in the same cadre should be paid the same pay scale and difference should be only based on seniority in service. It is immaterial whether Kaulkers are appointed through regularization of NMR workers or through selection by the PSC. Pay scale in the same cadre should be the same. This writ petition is accordingly disposed of with a direction to the respondents to consider the discrepancy pointed out by the petitioners and if there is any anomaly, correct the same by revising the pay scale without any delay and in any case within three months from the date of receipt of a copy of this judgment. If no revision is called for detailed reasons should be communicated to the petitioners. This writ petition is disposed of as above.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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