IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 18TH DAY OF JULY 2011/27TH ASHADAH 1933 WP(C).No. 21936 of 2009 (J) --------------------------- PETITIONER(S): ------------- DR.THOMAS VARGHESE, JOINT DIRECTOR (URBAN HEALTH) DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM. (PERMANENT ADDRESS:CUNCHATTIL HOUSE THAZHAKKARA P.O.,MAVELIKKARA) BY ADV. SRI.N.ASHOK KUMAR RESPONDENT(S): -------------- 1. STATE OF KERALA, REP.BY THE SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENTS,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY, FINANCE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 3. THE DIRECTOR,URBAN AFFAIRS, DUA OFFICE,PUBLIC OFFICE BUILDINGS THIRUVANANTHAPURAM. BY ADV. GOVERNMENT PLEADER SRI.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21936 of 2009 (J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF GOVERNMENT ORDER DATED 26.5.2008. EXT.P2: TRUE COPY OF ORDER DATED 27.5.2008. EXT.P3: TRUE COPY OF GOVT. ORDER DATED 14.3.2000. EXT.P4: TRUE COPY OF REPRESENTATION TO THE GOVT. SECRETARY, LOCAL SELF GOVT. DEPARTMENT DATED 2.2.08. EXT.P5: TRUE COPY OF REPRESENTATION DATED 5.6.2009. EXT.P6: TRUE COPY OF REPRESENTATION DATED 4.1.08 OF ALL KERALA PUBLIC HEALTH ASSOCIATION. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.21936 of 2009 ---------------------------- Dated 18th July, 2011 JUDGMENT The petitioner is presently working as Joint Director (Urban Health) in Municipal Common Service. The grievance of the petitioner pertains to the non-feasance on the part of the Government despite the receipt of Exts.P4 to P6 representations carrying the grievance relating non-extension of benefits of Exts.P1 to P3 to himself and similarly situated employees under the Municipal Common Service. As per Exts.P1 to P3, the employees in certain other departments were granted special pay, common special allowance, P.G allowance, non-practising allowance etc., and the contention of the petitioner is that himself and the other employees under the Municipal Common Service are similarly situated to the beneficiaries of Exts.P1 to P3 and, as such, there is no reason or justification for treating them in an arbitrary and discriminatory manner. In the said circumstances, the Kerala Municipal Corporation Medical Officer's Union, the petitioner and the All Kerala Public Health Association have respectively filed Exts.P4 to P6 representations. It is the non-consideration of the said representations that made the petitioner to approach this Court by filing this writ petition. WP(C).No.21936/2009 2 2. A counter affidavit has been filed in this writ petition on behalf of the third respondent. In paragraph 7 thereunder it is stated that granting of Post Graduate Allowance and non-practicing allowance to any Medical officer having Post Graduate Degree is a matter to be decided by the Government. The petitioner cannot claim the same as a matter of right. There is no specific statement in the counter affidavit as to whether the request made by the petitioner is still pending consideration before the Government or not. This writ petition is not filed in a representative capacity. Therefore, the petitioner cannot claim for disposal of Exts.P4 and P6 representations. At the same time, Ext.P5 representation filed by the petitioner carrying the contention of arbitrary and hostile discrimination in the matter of extension of benefits flowing from Exts.P1 to P3 is still pending. It will only be appropriate for the Government to look into the same and pass appropriate orders expeditiously at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation as to the merits of the claims and contentions of the petitioner raised in this writ petition and also in Ext.P5. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS