IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 34088 of 2009(E) -------------------------- PETITIONER(S): --------------- A.M. JANCY, W/O P.V. JOSE, AGED 46 YEARS, U.D.CLERK, THACHANATTUKARA GRAMA PANCHAYATH, PALAKKAD DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY TO GOVT. PAY REVISION CELL, FINANCE DEPT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, THRISSUR DIST. 4. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, DISTRICT OFFICE, THRISSUR DIST. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34088/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of November, 2009 J U D G M E N T The petitioner was an Attender in Treasury Department. After 10 years of service, she got by-transfer appointment through the Public Service Commission as L.D.Clerk in June 2005 in Panchayat Department. She was extended pay protection under Rule 28-A of Part I K.S.R. Later, an objection was raised as per Ext.P1 by the fourth respondent which was confirmed by the fourth respondent again by Ext.P2. The substance of the objection taken by the fourth respondent is that the petitioner will be entitled to get only minimum scale of the revised pay of Lower Division Clerk. This resulted in reduction of pay as well as recovery from pay. The petitioner had been representing the matter before appropriate authorities but without any response. Finally, the petitioner has filed Exts.P4 and P5 representations before the Government. The petitioner seeks for a direction to the first respondent to take an appropriate decision on the same within a time frame. 2. There will be a direction to the first respondent to take a decision on Exts.P4 and P5 after hearing the petitioner within a period of five months from the date of receipt of a copy of this Judgment. Any recovery pursuant W.P.(C). No.34088/2009 -:2:- to Exts.P1 and P2 will be kept in abeyance in the meanwhile. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms