IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 OP.No. 34910 of 2000(E) ---------------------------------- PETITIONER: ------------------- DR. P.A. MOHAMMED ASHRAF, ASSISTANT SURGEON, TALUK HEAD QUARTERS HOSPITAL, THIRURANGADI. BY ADV. SRI.K.JAJU BABU, ADV. SMT.A.S.BEENU. RESPONDENTS: ----------------------- 1. THE ACCOUNTANT GENERAL (A & E), KERALA, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, P.B. NO. 5607, M.G. ROAD, THIRUVANANTHAPURAM - 695 039. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 34910/2000-E: ORDER ON C.M.P. NO. 59610/2000 IN O.P. NO. 34910/2000-E DISMISSED 05/11/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT EXTRACT OF SENIORITY LIST VIDE KERALA GAZETTE NO.27 DTD. 05/07/1994. EXT.P.2: COPY OF THE PAY SLIP ON BEHALF OF THE R.1. EXT.P.3: COPY OF THE PAY SLIP OF DR. K.SAKEENA. EXT.P.4: COPY OF THE PAY SLIP OF DR. U. SAKEENA. EXT.P.5: COPY OF THE CERTIFICATE AND COVERING LETTER DTD. 10/08/2000 ISSUED BY THE R.2 EXT.P.6: COPY OF THE LETTER NO. GE 4/A/M-28 126/988/6270 DTD. 16/11/2000 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- O.P.No.34910 of 2000 ----------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to fix the basic pay of the petitioner at Rs.7,800/- with effect from 1-4-1997 equal to that of his admitted junior as per Ext.P3 and direct respondents 2 and 3 to draw and disburse all consequential benefits including arrears forthwith. Since his junior is admittedly drawing higher pay, the petitioner is entitled to fixation in the same scale. Therefore, there will be a direction to the second respondent to do the needful within a period of one month from the date of production of a copy of this judgment along with a copy of the writ petition. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.34910 of 2000 ----------------------------------- JUDGMENT 5th November, 2008