IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 OP.No. 9881 of 2002(B) ---------------------- PETITIONER(S): --------------- 1. RAJALAKSHMI.T.K., W/O.PANKAJAKSHAN, RESIDING AT SANTHI NIVAS, WEST NADAKKAVU, CALICUT. JUNIOR HEALTH NURSE, CORPORATION OF CALICUT. 2. SALY LUCKOSE, JUNIOR PUBLIC HEALTH NURSE, CORPORATION OF CALICUT. 3. NASEE,A T.P., JUNIOR PUBLIC HEALTH NURSE, CORPORATION OF CALICUT. 4. SUJATHA G., JUNIOR HEALTH NURSE, CORPORATION OF CALICUT. 5. SUBAIDA T., JUNIOR HEALTH NURSE, CORPOROATION OF CALICUT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, FINANCE (PARY REVISION IMPLEMENTATION) DEPARTMENT, SECRETRIAT, TRIVANDRUM. 2. THE DIRECTOR OF MUNCIPAL ADMINISTRATION, TRIVADNRYM 3. THE SECRETARY, KOZHIKODE CORPORATION. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR SRI.K.D.BABU,SC, FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 9881/02. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.14.7.92 BY R2. P2. COPY OF THE ORDER DTD.17.5.93 OF DMO, KOZHIKODE. P3. COPY OF THE GOVT. ORDER DTD.6.10.99. P4. COPY OF THE GOVT. ORDER DTD.15.2.2001. P5. COPY OF THE REPRESENTATION DTD.13.10.2001 TO R1. P6. COPY OF THE JUDGMENT IN O.P.NO.33627/01 OF THIS COURT. P7. COPY OF THE COMMUNICATION DTD.11.3.2001 TO P1 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 9881 of 2002 ================== Dated this the 30th day of September, 2009 J U D G M E N T The petitioners are Junior Public Health Nurses working in the Corporation of Calicut. Originally the Junior Public Health Nurses Grade II in the Municipal Common Service and the Junior Public Health Nurses Grade II in the Health Service Department had different scales of pay in so far as the scale of pay of the nurses in the Municipal Common Service was only Rs.845-1370 whereas that of the nurses in the Health Service Department was Rs.905-1490. At some point of time, that was equalised and prior to the pay revision with effect from 1.3.1997, by G.O (P).No.3000/98/Fin. dated 25.11.1998, both were drawing the same scale of pay. Subsequently, pursuant to the pay revision order, the scale of pay of both were revised as Rs.3590-5400. But at the same time, the Junior Health Nurses Grade II working in the Ayurveda colleges were given a higher scale of pay of Rs.4000-6090. Subsequently, by Ext.P3 order dated 6.10.1999, the Junior Public Health Nurses Grade II of the Health Service Department were also given the scale of pay of Rs.4000-6090 with effect from 1.3.1997. But the said scale of pay was not sanctioned to the Junior Public Health Nurses Grade II in the Municipal Common Service. The petitioners and others represented to the Government and the Government, by Ext.P4 order, revised the scale of pay of Junior Public Health Nurses Grade II 2 in the Municipal Common Service also as Rs.4000-6090 from Rs.3590- 5400. However, unlike in the case of Nurses in the Health Service Department, who were given the revised scale with effect from 1.3.1997, this was given to the petitioners only with effect from 1.1.2001. The petitioners challenge that part of Ext.P4 wherein the date of coming into force of the revision of their scale of pay was confined to 1.1.2001. The petitioners submit that this is discriminatory in so far as the duties and functions and other service conditions of Junior Public Health Nurses Grade II of the Health Service Department and those of the Municipal Common Service is the same and there is no reason to treat them differently in the matter of revision of scale of pay. The petitioners, therefore, seek the following reliefs: “a) issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P7 and quash the original of the same. b) issue a writ of mandamus or any other appropriate writ, order or direction of respondents to give effect to Ext.P4 w.e.f 1.3.97 and to pay consequential benefits to the petitioners including arrears as expeditiously as possible. c) declare that the petitioners are entitled to get the benefit of Ext.P4 from 1.3.97 as done in the case of Junior Public Health Nurses Grade II in Health Service Department vide Ext.P3, since they are similarly situated.” 2. A counter affidavit has been filed by the 1st respondent justifying the action of the Government. According to the 1st respondent, the Government was perfectly justified in fixing the date of 1.1.2001 as the date of effect of the revised scale of pay to the 3 Junior Public Health Nurse Grade II, in so far as that benefit was given to them only subsequently. 3. I have considered the rival contentions of the parties. 4. I am unable to understand the logic of the contentions of the 1st respondent. Admittedly prior to 1997 pay revision nurses in both Departments were having the same scale of pay. In fact originally in the 1997 pay revision also, both were given the very same scale of pay of Rs.3590-5400 with effect from 1.3.1997. Subsequently by Ext.P3, the scale of pay of the nurses of the Health Service Department alone was revised as Rs.4000-6090. At that time itself there was no reason why the scale of pay of Junior Public Health Nurses of the Municipal Common Service should not also have been revised as Rs.4000-6090 on par with that of the Health Service Department Nurses. As is the wont of the Government, the Government grants benefits only to those people who clamour for the same. Therefore, the Nurses of the Municipal Common Service also had to clamour for it and they were also granted the same. Ext.P4 dated 15.1.2001 was issued with a condition that it shall come into force only with effect from 1.1.2001. I am unable to find any logic as to why these nurses in the two separate departments should be treated differently in the matter of date of coming into force of the revised scale of pay. When identically situated persons are given the 4 benefit given to one later than the other, both should be given with effect from the very same date. When Nurses of Health Service Department were given the benefit of the scale of pay of Rs.4000- 6090 with effect from 1.3.1997, I find absolutely no logic in granting the same scale of pay to Nurses of Municipal Common Service only with effect from 1.1.2001. It is not as if the Government is giving a concession to Nurses of the Municipal Common Service. They were also given the same scale of pay because they were entitled to such parity with nurses of the Health Service Department. That was a recognition of their right. Then that right should be with effect from the very same date on which date that right was given to the Nurses of the Health Service Department. Therefore, I hold that pursuant to 1997 pay revision the petitioners are also entitled to revised scale of pay of Rs.4000-6090 with effect from 1.3.1997 as in the case of Junior Public Health Nurses Grade II of the Health Service Department. Orders in this regard shall be passed by the 1st respondent and arrears disbursed to the petitioners as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 5 S.SIRI JAGAN, J. ================== O.P.No. 9881 of 2002-B ================== J U D G M E N T 30th September, 2009