IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 OP.No. 14174 of 2002(K) ----------------------- PETITIONER(S): --------------- 1. SABU THOMAS, S/O. THOMAS, AGED 36 YEARS, REFRIGERATION MECHANIC, DISTRICT MEDICAL OFFICE (HEALTH), ALLEPPEY. 2. M.K. MURALEEDHARAN, REFRIGERATION MECHANIC, DISTRICT MEDICAL OFFICE (HEALTH), PALAKKAD. 3. K. MOOSAKOYA, REFRIGERATION MECHANIC, DISTRICT MEDICAL OFFICE (HEALTH), KOZHIKODE. 4. K. SATHEESHKUMAR, REFRIGERATION MECHANIC DISTRICT MEDICAL OFFICE (HEALTH), KOLLAM. 5. N.P. KUMARAN, REFRIGERATION MECHANIC, DISTRICT MEDICAL OFFICE (HEALTH), KASARGOD AT KANHANGAD. 6. K.O. JOSE, REFRIGERATION MECHANIC, DISTRICT MEDICAL OFFICE (HEALTH), ERNAKULAM. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SECRTARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF HEALTH SERVICE, TRIVANDRUM. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), ALLEPPEY. /2/ 5. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD. 6. THE DISTRICT MEDICAL OFFICER (HEALTH), KOZHIKODE. 7. THE DISTRICT MEDICAL OFFICER (HEALTH), KOLLAM. 8. THE DISTRICT MEDICAL OFFICER (HEALTH), KASARAGOD AT KANHANGAD. 9. THE DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Despite lapse of seven years the process remitted continued to be defective. Today also there is no representation. Original Petition is dismissed for non- prosecution. 6.11.2009. Sd/-ANTONY DOMINIC, JUDGE. // true copy // P.A to Judge. ANTONY DOMINIC, J ....................... O.P.14174/2002 ....................... Dated this the 8th day of March, 2010 JUDGMENT Petitioners are Refrigeration Mechanics in the Health Services Department. By Ext.P7 order issued in the year 2001, the pay scale as applicable to them was fixed with effect from 1.3.1997. In this writ petition, the challenge is against Ext.P7 and the claim of the petitioners is for the scale of Rs.4500 – 7000. 2. It is stated that another writ petition, which was filed challenging Ext.P7, was dismissed by a learned single Judge of this Court and in W.A.691/2004, the judgment was set aside and the appeal was allowed. It is also stated that SLP filed against the writ appeal judgment was also dismissed by the Apex Court. Pursuant to the Apex Court judgment, Ext.P8, G.O.(M.S). No.510/2005/(154)/Fin. dated 30.11.2005 was issued holding that the Refrigeration Mechanics like the petitioners will be eligible for revised scale of pay of Rs.4500 – 7000 with effect from 1.3.1997. Petitioners now submit that the Government O.P.14174/02 2 having issued Ext.P8 and as they are similarly situated, they are entitled to the benefit of Ext.P8 order. 3. Ext.P8 deals with the claim of Refrigeration Mechanics like the petitioners and therefore the petitioners being similarly situated are entitled to benefit of Ext.P8 Government Order. 4. Accordingly there will be a direction to the respondents to extend the benefit of Ext.P8 Government Order referred to above to the petitioners. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. 5. Yet another grievance of the petitioners is that prior to 1997, the scale of pay that was applicable to them was Rs.1350 – 2200. It is stated that as against this scale, they were paid only in the scale of Rs.950 – 1650. Petitioners submit that they are entitled to pay the differential amounts. O.P.14174/02 3 6. However, I notice that the petitioners have not taken up this grievance before the 1st respondent and the 1st respondent did not have an occasion to examine this grievance. Having regard to the above, I direct that it will be open the petitioners to take up the aforesaid grievance before the 1st respondent by filing an appropriate application in which event, the 1st respondent shall consider the same and pass orders thereon. ANTONY DOMINIC, Judge mrcs