IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 8224 of 2010(C) -------------------------------------- PETITIONER(S): ----------------------- S. PRASADH, FOREMAN MECHANIC, HEALTH TRANSPORT CENTRAL WORKSHOP, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY ADV. SRI.SUDHEESH.A., SMT.C.V.BINDU. RESPONDENT(S): -------------------------- 1. THE SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY FINANCE, PAY DIVISION (IMPLEMENTATION) CELL, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. STATE HEALTH TRANSPORT OFFICER, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, THIRUVANANTHAPURAM. R1 TO R5 BY GOVT. PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 8224 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 J U D G M E N T Alleging anomalies in the pay scales attached to the post of Foreman mechanic in the Health Services Department, this writ petition has been filed. According to the petitioner, who is working as a foreman mechanic in the Health Services Department, the qualifications prescribed for appointment to the said post is comparatively higher than similar posts in the other departments and the nature of duties and quantum of work attached to it are exactly akin to the similar posts in the other departments. However, the foreman mechanic in the Health Services Department are being paid in a lesser scale of pay. Earlier raising such grievances he has approached this court along with other employees, on two occasions. O.P. No. 26793/01 was disposed of by Ext.P2 judgment with a direction to the respondents to consider the representations filed by the petitioners therein. Since it did fetch the desired result the petitioner along with two others filed W.P(C). 7055/2006. The same was disposed of with a direction to the respondents to consider the matter in the light of the observations made therein. Failure to comply with the direction therein made the first petitioner therein to file Cont.Case(C) no.1433/09 and the WPC.8224 of 2010 : 2 : same was closed pursuant to issuance of Ext.P13 order. A perusal of Ext.P13 would reveal that the claim was rejected on the ground that the last pay commission as also the Finance Department had considered and rejected the claims. The said order did reflect consideration of the observations in Ext.P9 judgment despite the specific direction to that effect and in that view of the matter Ext.P13 cannot be construed as a speaking order. The learned counsel for the petitioner and also the learned Government Pleader brought to my attention the appointment of the 9th Pay Commission. I am of the view that the issues involved in this case which were elaborately discussed could be considered in an efficient and effective manner by the Pay Commission. Therefore, Ext.P13 is quashed for the purpose of enabling the petitioner and similarly situated persons to approach the 9th pay commission. The petitioner and other employees of the Health Services Department working under the category of foreman mechanic may approach the 9th pay commission in the manner it is provided for that behalf. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge