IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 OP.No. 6351 of 2002(F) ---------------------------------- PETITIONER(S): ------------------------ 1. DR.JAGATH LAL G., JAGATH VIHAR, VENGERI P.O., CALICUT-673 010. 2. DR.RAJEEV K.SANTHINIKETH, THIRUMUPPOM P.O., VARAPUZHA, ERNAKULAM - 683 517. 3. DR.LAJNI A., "ZEPHYRUS", POST KAKKOTI, CALICUT, PIN-673 611. 4. DR.MINI K.P., "PRANAVAM", MOODADI P.O., QUILANDY, CALICUT DISTRICT. 5. DR.HAFIZ MOHAMMED, "BLOOM", PANNIYANKARA, KOZHIKODE. 6. DR.MUHAMED BASHEER O.T., 5/2122, KOLLOTH (H), KOTTARAM ROAD, P.O.ERANHIPALAM, KOZHIKODE DISTRICT, PIN-673 006. 7. DR.BALAMURALI KRISHNA K.S., THULASI, CHEVAYUR POST, KOZHIKODE-673 017. 8. DR.SUNITHA BALAKRISHNAN, THULASI, CHEVAYUR POST, KOZHIKODE-673 017. 9. DR.CAROLINE MAREENA HENRY, "SHALOM", 39/2956 R.C.ROAD, CALICUT. BY ADVS. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.ANUB ALIAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE JOINT SECRETARY, DEPT. OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2/- -2- OP.NO.6351/2002 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-11. 3. THE PRINCIPAL, GOVT. MEDICAL COLLEGE, CALICUT. 4. THE ACCOUNTANT GENERAL, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ORDER ON C.M.P.NO.11251/2002 IN O.P.NO.6351/2002 DISMISSED 01/07/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.E2/577/99/MCC ISSUED BY THE 3RD RESPONDENT P1(A) COPY OF THE ORDER NO.E2/1455/00/MCC ISSUED BY THE 3RD RESPONDENT DATED 14/6/00 P1(B) COPY OF THE ORDER NO.E2/19375/96/MCC DATED 27/5/96 ISSUED BY THE 3RD RESPONDENT. P1(C) COPY OF THE ORDER NO.E2/18556/96/MCC DATED 10/12/96 ISSUED BY THE 3RD RESPONDENT. P1(D) COPY OF THE ORDER NO.E2/1600/98/MCC, DATED 18/3/1998 ISSUED BY THE 3RD RESPONDENT. P1(E) COPY OF THE ORDER NO.E2/16292/99/MCC DATED 12/10/99 ISSUED BY THE 3RD RESPONDENT. P1(F) COPY OF THE ORDER NO.E2/16292/99/MCC DATED 27/10/99 ISSUED BY THE 3RD RESPONDENT. P2 COPY OF THE RATIFICATION ORDER G.O.RT.2038/99/H.FWD DATED 21/7/99 ISSUED BY THE 1ST RESPONDENT. P3 COPY OF THE PAY SLIP ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 5/10/99. P4 COPY OF THE LETTER NO.A4/8507/2000/MCC DATED 16/5/00 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P5 COPY OF THE LETTER NO.A4/12677/00/MCC DATED 24/7/00 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P6 COPY OF THE OFFICE ORDER NO.CA8/99 DATED 31/3/99 ISSUED BY THE 3RD RESPONDENT. P7 COPY OF THE OFFICE ORDER B1/12375/99 DATED 4/8/99 ISSUED BY THE 3RD RESPONDENT. P8 COPY OF THE GO(P)NO.145/00/H &FWD DATED 16/6/00 ISSUED BY THE 1ST RESPONDENT. 2/- -2- O.P.NO.6351/2002 P9 COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 5/4/01. P10 COPY OF THE LETTER DATED 16/5/01 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. P11 COPY OF THE ORDER NO.1589/S2/01 H&FWD DATED 26/5/01 ISSUED BY THE 1ST RESPONDENT. P12 COPY OF THE MASS REPRESENTATION DATED 27/8/01 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P13 COPY OF THE ORDER NO.GO(RT)NO.221/2002 H & FWD DATED 24/1/2002 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.6351 OF 2002 --------------------------------------- Dated this the 1st day of July, 2011. J U D G M E N T The petitioners were appointed under Rule 9(a)(i) of the K.S & S.S.R in the Medical College, Calicut. The appointment was on condition that their term of appointment will be for one year or till regular hands join duty. In the appointment order, it was made clear that they will be given allowance admissible under Rule 9(a)(i) of K.S & S.S.R. 2. The main relief sought for in the original petition is for a direction to the respondents to give the benefit of revised pay scale of teaching staff in the Medical Colleges. Ext.P8 is the order relied upon by the petitioner in this context. 3. Learned counsel for the petitioner relied upon a decision of a Division Bench of this Court in Writ Appeal No.1267/2009 which arose from a writ petition which was filed for a similar relief. The question that was considered by the Division Bench was whether the provisional hands appointed in the pre-revised O.P. No.6351/2002 2 scale of pay are entitled to get higher scale of pay upon revision of pay for regular hands, with retrospective effect. 4. The Division Bench examined the question in the light of the terms of appointment and found that therein also the appointment is under Rule 9(a)(i) of K.S & S.S.R and finally, in the operative portion it was held thus: “In this case, the respondents were paid the minimum salary in the scale of pay of Rs.2,200-4,000/- plus other allowances, as it was the scale of pay applicable to regular hands at the relevant time. Since the pay was revised with retrospective effect, by operation of the above statutory rule, the respondents are entitled to get salary in the revised pay scale at its minimum. In view of the above legal position, we find nothing wrong with the direction of the learned Single Judge”. 5. Whether the petitioners are also similarly placed is a matter to be considered. It is submitted by the learned counsel for the petitioners that Ext.P1 will show that the petitioners were appointed on contract basis in the scale of pay of Rs.2200-4000 plus other allowances admissible under Rule 9(a)(i) of the General Rule of K.S & S.S.R. O.P. No.6351/2002 3 In that view of the matter, there will be a direction to the respondents 1 to 3 to consider the claim of the petitioners for payment of revised scale of pay in terms of Ext.P8 as sought for in Ext.P12 and in the light of the judgment in W.A.No.1267/2009 and grant eligible benefits to the petitioners within a period of five months from the date of receipt of a copy of this judgment. This original petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp