IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH DECEMBER 2007 / 13TH AGRAHAYANA 1929 WP(C).No. 32914 of 2004(R) -------------------------- PETITIONER: ------------ P.V. LEELA KUMARI, SOCIAL SCIENTIST (HIGHER GRADE), DEPARTMENT OF COMMUNITY MEDICINE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV SRI.T.K.KAMALJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY HEALTH & FAMILY WELFARE (B) DEPARTMENT GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR (M), MEDICAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. ADDL. R4: ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM (IMPLEADED AS ADDL. 4TH RESPONDENT VIDE ORDER DT.5.2.07 IN I.A. 16294/06) R1 TO 4 BY GOVERNMENT PLEADER SHRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C) 32914/04 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE ORDER G.O(MS) NO: 469/80/HEALTH DT. 1.7.1980 EXT.P2: -DO- OF THE ORDER G.O(P) NO: 3000/98/FIN DT. 25.11.1998 EXT.P3: -DO- OF THE ORDER NO: H2/11934/2003/D.M.E. DT. 17.7.2003 EXT.P4: -DO- OF THE ORDER NO: 39088/B2/03/H & FWD DT. 8.10.2004 EXT.P5: -DO- OF THE REPRSENTATION DT. 26.10.2004 FILED BEFORE THE 1ST RESPONDENT EXT.P6: -DO- OF THE ORDER NO: G5/16887/06/DME DT. 21/6/2006 ISSUED BY THE 2ND RESPONDENT EXT.P7: -DO- OF THE ORDER NO: G5-16495/06/DME DT. 19.6.2006 ISSUED BY THE 2ND RESPONDENT EXT.P8: -DO- OF THE LAST PAY CERTIFICATE OF THE PETITIONER EXT.P9: -DO- OF THE PAY SLIP NO: GE03/D/L-22-14/1032 DT. 14.9.2006 ISSUED TO THE PETITIONER jj /TRUE COPY/ P.S. TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.32914 of 2004-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of December, 2007. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned Government Pleader. 2.The petitioner entered the Government service as a Lower Division Clerk on 4-1-1984 and was promoted as an Upper Division Clerk on 25-8-1992. She was qualified to be appointed as a Social Scientist. Therefore, she was appointed by transfer as Social Scientist on 28-9-1992. On the strength of her such appointment as Social Scientist, she claims that she was entitled to first higher grade on completion of 10 years therefrom. That was granted as per Ext.P3 Government Order. According to her, that was due to her from 29-9-2002. The time bound higher grade to which she was entitled to, ought to have WP(C)32914/2004 -: 2 :- been fixed at par with that which she would have drawn had she been promoted within 10 years. This, obviously, was to the category of Lecturer governed by Ext.P1 to which post she was appointed by promotion on 21-6-2006, pending this writ petition. Going by Ext.P2, the existing scale and the revised scale of Lecturer in terms of that pay revision order are determined on the scales laid down by AICTE. Therefore, the first time bound higher grade that the petitioner is entitled to, from 29-9-2002, ought to be in the scale of the Lecturer, going by the then existing AICTE scale. It is so declared. The impugned decisions will stand regulated by this declaration and all financial benefits, owing to this declaration shall be released to the petitioner within an outer limit of three months from the date of receipt of a copy of this judgment. 3.The writ petition is allowed as above. No costs. THOTTATHIL B. RADHAKRISHNAN, Sha/ JUDGE.