IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14580 of 2011(V) -------------------------------- PETITIONER: -------------- M.A.PONNAMMA, (RETIRED NURSING ASSISTANT), T.D.MEDICAL COLLEGE HOSPITAL, VANDANAM, ALAPPUZHA, NOW RESIDING AT MEPRATH HOUSE, CHERAMANKULANGARA WARD, THAMPALLY P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENTS: ------------------ 1. DIRECTOR MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001. 2. PRINCIPAL, T.D.MEDICAL COLLEGE, VANDANAM, ALAPPUZHA-688005. BY SMT.NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14580 OF 2011 --------------------------------------- Dated this the 31st day of May, 2011. J U D G M E N T Aggrieved by the denial of due Higher Grade benefits, the petitioner has filed this writ petition. 2. The petitioner joined service on 16.01.1995 as Attender Grade II in the Medical College Hospital, Vandanam under the 2nd respondent. After seven years, she became Grade I Attender. The petitioner became a Nursing Assistant on 09.06.2003. It is contended that the scale of pay of Grade I Attender and Nursing Assistant was Rs.4630-7000 and the posts are interchangeable. When the employees of the health service department were divided into two departments under the control of the Director of Medical Education and the Director of Health Service respectively, the petitioner opted to continue with the department under the Director of Medical Education. 3. The petitioner retired from service on 31.03.2011. It is pointed out that while in service, the petitioner had submitted W.P.(C) No.14580/2011 2 applications to get two higher grades on completion of 8 years and 16 years of service and the representations were not answered. It is also pointed out that the two higher grades were sanctioned to the petitioner from the hospital department. But it was sent to the 2nd respondent for approval and the same was rejected saying that the petitioner is entitled to get only one higher grade for 8 years service from 09.06.2003. It is pointed out that the same is against the norms. Ext.P2 is the copy of the norms for higher grade. Ext.P3 is a representation said to have been filed by the petitioner in the matter. Learned Government Pleader points out that the representation is addressed to the Director of Health Service. Since it is pointed out that the petitioner was continuing under the Director of Medical Education, the petitioner will file a fresh representation along with a copy of this judgment before the 1st respondent within a period of two weeks and on receipt of the same, the grievance raised by the petitioner will be considered by the 1st respondent and appropriate orders will be passed within a further period of three months, after hearing the W.P.(C) No.14580/2011 3 petitioner. The petitioner will forward a copy of this judgment also to the 1st respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp