IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 94 of 2010(J) ----------------------- PETITIONER(S): --------------- 1. MURALEEDHARAN N, MANAGER, SREE VYRAMKODE BHAGAVATHI DEVASWOM, P.O.VYRAMKODE, MALAPPURAM - 676301,RESIDING AT VALLATHOL, VAIRAMKODE, MALAPPURAM. 2. K.PADMAN, STORE CLERK, SREE VYRAMKODE BHAGAVATHI DEVASWOM, P.O.VYRAMKODE, MALAPPURAM- 676301, RESIDING AT AMBADI, THEKKEN KOTTOOR, MALAPPURAM. BY ADV. SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): --------------- 1. EXECUTIVE OFFICER, SREE VYRAMKODE BHAGAVATHI DEVASWOM, VYRAMKODE P.O., MALAPPURAM - 676301. 2. CHAIRMAN, SREE VYRAMKODE BAGAVATHI DEVASWOM, VYRAMKODE P.O., MALAPPURAM -676301. ADV. SRI.MOHAN C.MENON FOR R1-2 SRI.T.M.KOCHUNNI FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.94/2010 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of the proceedings dated 1.5.09 of the 1st respondent. Ext.P2: True copy of the acquittance register of the Sree Vyramkode Bagavathi Devaswom for May 2009. Ext.P3: True copy of the acquittance register of the Sree Vyramkode Bagavathi Devaswom for June 2009. Ext.P4: True copy of the representation dated 10.7.09 submitted by the 1st petitioner to the 1st respondent. Ext.P5: True copy of the representation dated 10.7.09 submitted by the 2nd petitioner to the 1st respondent. Ext.P6: True copy of the representation dated 1.12.2009 submitted by the petitioners before the 1st respondent. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 94 OF 2010 -------------------------------------------- Dated this the 1st day of March, 2010 JUDGMENT The petitioners are working respectively as Manager and Store Clerk under the first respondent. Both of them were promoted to the aforesaid posts as per Ext.P1 order with effect from 1.5.2009. The grievance of the petitioners is that despite the promotion effected as per Ext.P1, their pay was not fixed in the respective scales of pay attached to the aforesaid posts. It is to redress the said grievance that this Writ Petition has been filed, with the following prayers:- i) a writ of mandamus directing the 1st respondent to fix the wages of the petitioners as per Exhibit P1 proceedings and pay the arrears to them with effect from 1.5.09; ii) to issue a writ of mandamus to the 1st respondent to take a decision on Ext.P4 to P6 expeditiously, in the light of Ext.P1, within a time frame to be fixed by this Honourable Court; 2. A statement has been filed by the respondents in this Writ Petition. In paragraph 4, it has been stated as hereunder: 4. On 9.12.09, their complaints were considered by the Trustee Board and as per decision No.6, it was resolved to sanction payment of salary as per the scale attached and the Executive Officer was directed to W.P.(C) NO.94 of 2010 2 implement the same. There is no objection for the Dewaswom to give the emoluments as per the salary scale attached to the post. 3. In the light of the specific stand taken by the respondents as evident from the aforesaid statement, no grievance persists in the Writ Petition. However, the respondents are directed to take appropriate steps to implement the decision already taken as is evident from the paragraph extracted above. Such actions pursuant to the decision taken by the Trustee Board as per decision No.6 shall be implemented expeditiously at any rate within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.94 of 2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. 94/2010 JUDGMENT 1st March 2010