IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 34697 of 2011 (T) ------------------------------------- PETITIONER(S): ----------------------- ELIKUTTY VJ, AGED 57 YEARS, W/OAUGUSTINE THOMAS, NELLARIKAYIL, POKOOTTIKAL, VETTIKANAM, KOTTAYAM DISTRICT BY ADVS.SRI.ESM.KABEER SMT.P.DEEPA MOHAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM 695 001. 3. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SHAIJ RAJ T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.34697/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE HIERARCHY OF POSTS AND SCALE OF PAY OBTAINED BY THE PETITIONER UNDER THE PROVISIONS OF THE RIGHTS TO INFORMATION ACT, THE INFORMATION DTD. 10.2.2011. P2:- COPY OF THE ORDER NO.EE4/44522/09/DHS DTD. 28.7.09. P3:- COPY OF THE ORDER OBJECTING THE FIXATION BASED ON THE OPTION IN A SIMILARLY SITUATED PHARMACIST STORE SUPERINTENDENT. P4:- COPY OF THE LAST PAY CERTIFICATE OF THE PETITIONER, P5;- COPY OF THE PAY SLIP OF THE PETITIONER. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 17.9.2011. P7:- COPY OF THE JUDGMENT IN WPC. 8575/2011 DTD. 18.3.2011. P8:- COPY OF THE GOVERNMENT ORDER GO(RT) 3097/2011/H&FWD TRIVANDRUM 27.8.2011. RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE tss K.SURENDRA MOHAN, J = = = = = = = = = = = = WP(C).No.34697 of 2011. = = = = = = = = = = = = Dated this the 22nd December, 2011. J U D G M E N T The petitioner is a person who had retired from the post of Store Superintendent (Gazetted) from the Health Department on 1.8.2009 from the District Hospital, Kottayam. The petitioner joined service as a Pharmacist Grade II on 25.5.1975. She was subsequently promoted as Pharmacist Grade I, Pharmacist Store Keeper, Store Superintendent (Hospital) and thereafter to the post of Store Superintendent (Gazetted). She was not given promotion to the post of Store Superintendent (Hospital). For the above reason, she has not been granted her fixation of pay invoking Rule 28A of Part I of Kerala Service Rules (KSR). The petitioner has set out her grievances in a representation submitted to the first respondent, Ext.P6. She seeks the issue of appropriate directions for the WP(C).No.34697/2011. 2 consideration and disposal of her representation. 2. In view of the limited relief that is sought, I am satisfied that this writ petition can be disposed of directing the first respondent to consider the representation of the petitioner, evidenced herein by Ext.P6, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-