IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22012 of 2008(U) -------------------------- PETITIONER(S): --------------- LEELAMMA THOMAS, STORE SUPERINTENDENT, DISTRICT MEDICAL STORE, KOLLAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL (A&E), KERALA, TRIVANDRUM-695039. GOVERNMENT PLEADER SRI. P. NANDAKUMAR FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of Order No.K.Dis.As/12402/2000/DMOHK dated 2.11.2000 of the District Medical Officer of Health, Kollam. Ext.P2. True copy of the statement of Fixation of pay in the revised pay scale sanctioned in G.O(P) No.145/06/Fin. dated 25.3.2006. Ext.P3. True copy of relevant extract of Order No.EE4-5200/07/DHS dated 22.1.2007 issued by the 2nd respondent. Ext.P4. True copy of the Last Pay Certificate of the petitioner as Store Superintendent. Ext.P5. True copy of the Pay /Leave Salary slip dated 9.5.2007 of the petitioner. Ext.P6. True copy of scales of pay relating to existing and revised scales of pay. Ext.P7. True copy of Pay/leave salary slip of the petitioner dated 25.6.2007. Ext.P8. True copy of pay/Leave salary slip of the petitioner dated 16.1.2008. Ext.P9. True copy of the representation submitted by the petitioner before the 3rd respondent on 20.1.2008. Ext.P10. True copy of the reply dated 19.3.2008 issued by the 3rd respondent to the petitioner. Ext.P11. True copy of letter sent by the petitioner to the 3rd respondent on 26.3.2008. Ext.P12. True copy of reply dated 30.4.2008 issued by the 3rd respondent. // true copy// P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.22012 OF 2008-U -------------------------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T Petitioner joined service as Pharmacist on 9.10.1975. She was given time bound higher grades on completion of 10 years, 20 years, 23 years of service. Ext.P2 is the pay fixation statement issued, consequent on the 3rd time bound higher grade granted to the petitioner with effect from 1.1.1999. This statement shows that the fixation given to her was in the scale of pay of 5500- 9075. As can be seen from Ext.P2, that scale was subsequently revised as 9190-15510 and the petitioner was given fixation at Rs.14750 as on 1.7.2006. Later she earned increments and the total pay that the petitioner was drawing was Rs.15,510/-. 2. She was thereafter given promotion as Store Superintendent as per Ext.P3 order dated 22.1.2007 and her pay was fixed in the scale of 10790-18000. Ex.P5 shows that on promotion the petitioner's pay was fixed at Rs.15,830 and with the increments that she earned on 1.7.2007 her pay was revised at Rs.16650/- as per Ext.P7. WPC.No.22012 /08 :2 : 3. Subsequently Ext.P8 order was issued, revising the pay of the petitioner and fixing the same at Rs.15,510/- as on 28.2.2007 and at Rs.15,830 as on 1.7.2007. Thereupon the petitioner submitted Ext.P9 objection and that was rejected by the 3rd respondent as per Ext.P10, which reads as under. “Please refer to your letter reference cited. Since you have been drawing pay in the same scale of Rs.10790-18000(23 years Higher Grade) fixation of pay on promotion as Store Superintendent as per Rule 28A is not admissible vide para 48 of pay revisoin Amendment to Rule 28A & 37a Part I of KSR. Pay has been fixed in terms of Rule 30 Part I KSR. Hence, the irregular fixation of pay at Rs.16650 with effect from 1.7.2004 has been revised as Rs.15510 w.e.f 28.2.2007 with increment due in the Higher Grade post of Rs.1587 w.e.f.1.7.2007.” 4. Obviously therefore this order has been issued on the assumption that the petitioner was drawn her pay in the 3rd time bound grade at Rs.10790-18000. The fallacy of this statement as contained in Ext.P10 is evident from the averments in paragraph 4 of the counter affidavit, which reads as under. “While drawing the pay of Rs.15510 on the scale of pay of Rs.9190-15510 she was promoted to the gazetted cadre of Store Superintendentin the scale of pay Rs.10790-18000/- as per Ext.P3 order dt.22.01.2007 and she joined in the promoted post on 28.2.2007. Accordingly, the 3rd respondent fixed WPC.No.22012 /08 :3 : the pay of the petitioner at Rs.15890/- as per Ext.P5 order.” 5. Therefore the basis on which the pay of the petitioner was revised is factually incorrect. Therefore, Exts.P8, P10 and P12 deserves to be set aside and I do so. Accordingly, the writ petition is disposed of directing that the petitioner will be entitled to the pay fixed in Exts.P2,P4,P5 and P7. Necessarily, the petitioner will be entitled to the consequential arrears and her pensionary benefits will also be reckoned on this basis. (ANTONY DOMINIC) JUDGE vi/