IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 OP.No. 3540 of 2003(U) --------------------------- PETITIONER: -------------- AROKIAM JOYSON J., JUNIOR HEALTH INSPECTOR GR.II, PRIMARY HEALTH CENTRE, NELLIYAMPATHY, NELIYAMPATHY P.O., PALAKKAD-678 511. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.T.NAVEEN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. 4. KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R4 SMT. RANI DIOTHIMA, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.3540/2003 Order on C.M.P.No.6240/2003 in O.P.3540/2003 Dismissed. 17.06.2011 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.A7/18604/96 DTD. 16.12.96 OF R3. EXT. P2 : COPY OF ORDER No.A7/8160/2000 DTD. 24.8.01 OF R3. EXT. P3 : COPY OF ORDER DTD. 19 AUGUST 02 IN CMP.40327/02 IN O.P.23697/02 OF THIS HON'BLE COURT. EXT. P4 : COPY OF RELEVANT EXTRACT OF ORDER No.A7-17506/02 DTD. 12.11.02 OF R3. EXT. P5 : COPY OF COPY OF ORDER No.A4/13206/99/DMOHA DTD. 14.1.02 OF D.M.O., ALAPPUZHA. EXT. P6 : COPY OF ORDER G.O.(P) No.56/02/FIN. DTD. 16.1.02 ISSUED BY GOVT. EXT. P7 : COPY OF ORDER G.O.(P) No.318/02/FIN. DTD. 22.5.02 ISSUED BY GOVT. EXT. P8 : COPY OF ORDER G.O.(P) No.318/02/FIN. DTD. 22.5.02 ISSUED BY GOVT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.3540 OF 2003 --------------------------------------- Dated this the 17th day of June, 2011. J U D G M E N T The petitioner who was working as Junior Health Inspector Grade II at the time of filing of the writ petition sought to quash clause 17 of Exts.P6 and P7. A direction was also sought to pay Dearness Allowance, House Rent Allowance and City Compensatory Allowance given to those who were advised before the date of Ext.P4 to the petitioner also from the date of his entry in service in the scale of pay in which he was appointed under Ext.P4. 2. Learned counsel for the petitioner submitted that subsequent to the filing of the writ petition the arrears of salary were received by the petitioner. It is the case of the petitioner that since the salary has been paid for the disputed period also, the said period cannot be treated as notional for the purpose of increment. Therefore, obviously, the said period was counted for the purpose of all the benefits. O.P No.3540/2003 2 In that view of the matter, no further reliefs are called for in this original petition and the same is disposed of with the observation that if any other claim is still to be granted, the petitioner will be free to move the Government. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp