IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28368 of 2011(U) -------------------------- PETITIONERS: --------------- 1. V. ABDUL RAZAK, VATTAPARAMBIL HOUSE, P.O. MANKADA, MALAPPURAM DISTRICT, (STORE SUPERINTENDENT (RETD), DISTRICT MEDICAL STORE, KOZHIKODE) 2. P.K. ABDURAHIMAN, JAAH, MANIKKULATH PAFRAMBA, P.O. THENHIPALAM, MALAPPURAM DISTRICT,(STORE SUPERINTENDENT (RETD), TALUK HEAD QUARTERS HOSPITAL, NILAMBUR, MALAPPURAM DISTRICT) BY ADV. SMT.M.R.SREELATHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 3. THE ACCOUNTANT GENERAL (A&E), OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA, M.G. ROAD, P.B. NO. 5607 THIRUVANANTHAPURAM - 695 039. BY SR. GOVERNMENT PLEADER ADV. MR. E.M.ABDUL KHADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28368 of 2011(U) APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1-TRUE COPY OF THE ORDER NO.EE4-82222/04/DHS DATED 28/10/2004 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2-TRUE COPY OF THE COMMUNICATION DATED 28/08/2006 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT-P3-TRUE COPY OF THE ORDER DATED 27/06/2007 ADMITTING PENSIONARY BENEFITS ISSUED TO THE 3RD RESPONDENT. EXHIBIT-P4-TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 04/10/2007 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P5-TRUE COPY OF THE COMMUNICATION DATED 07/01/2008 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. EXHIBIT-P6-TRUE COPY OF THE REPRESENTATION DATED 31/03/2008 SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P7-TRUE COPY OF THE REPRESENTATION DATED 08/08/2008 SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P8-TRUE COPY OF THE COMMUNICATION NO. GE 20/B/72-215/401 DATED 17/06/2008 ISSUED BY THE 3RD RESPONDENT TO THE FIRST PETITIONER. EXHIBIT-P8(A)- TRUE COPY OF THE COMMUNICATION NO. GE 20/B/72-254/ 1269 DATED 01/12/2008 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT-P9- TRUE COPY OF THE LETTER DATED 30/03/2009 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE TO THE IST PETITIONER. EXHIBIT-P10- TRUE COPY OF THE LETTER DATED 31/07/2009 ISSUED BY THE STATE INFORMATION OFFICER, DEPARMENT OF HEALTH AND FAMILY WELFARE TO THE IST PETITOINER. EXHIBIT-P11- TRUE COPY OF THE LETTER DATED 07/01/2010 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, FINANCE DEPARTMENT. EXHIBIT-P12- TRUE COPY OF THE LETTER DATED 23/06/2010 ISSUED BY THE OFFICE OF THE IST RESPONDENT TO THE IST RESPONDENT. EXHIBIT-P13- TRUE COPY OF THE REPRESENTATION DATED 02/06/2011 SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT-P14- TRUE COPY OF THE REPRSENTATION DATED 09/06/2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No.28368 OF 2011 ......................................................................... Dated this the 28th October, 2011 J U D G M E N T The petitioners have approached this Court with the following prayers: a) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders on Exhibits P13 and P14 forthwith after affording an opportunity of hearing to the petitioners. b) issue a writ of certiorari or other appropriate writ, order or direction quashing Exts.P8 & P8(a) orders of the 3rd respondent. c) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The case of the petitioners is that they were granted W.P.(C)No.28368 OF 2011 2 promotion under Rule 28b(i) of KS & SSR and they are entitled to get their pay fixed under Rule 28A of Part I KSR, by virtue of which when a person is promoted to a post carrying a higher time scale of pay his initial pay in the higher time scale of pay is to be fixed at the stage next above the pay notionally arrived at in the lower time scale of pay by increasing the actual pay drawn by him in the lower time scale by one increment. It is also the case of the petitioners that several other similarly situated persons like the petitioners have been given the benefit, as specifically averred in Ground © of the writ petition, which is stated as denied to the petitioners. Aggrieved of the same , the petitioners have preferred Exts.P13 and P14 representations . 3. The learned Counsel for the petitioners submits that they will be satisfied, if a direction is given to the first respondent to have the above representations considered and finalised within a reasonable time. 4. After hearing both the sides, the writ petition is disposed of, directing the first respondent to consider Exts.P13 and P14 representations and pass appropriate orders in accordance with W.P.(C)No.28368 OF 2011 3 law, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk